Kuldip Singh, J. - (1.) The allotments of retail outlet for petroleum products (the petrol pumps), by Capt. Satish Sharma, Minister of State for Petroleum and Natural Gas, exercising the powers of the Central Government, have been challenged in this public interest petition under Article 32 of the Constitution of India. The petition as originally filed was directed against corruption in various fields of public life. Mr. H. H. Shourie - Director "Common Cause" - appearing in person, invited his Court's attention to a news item dated August 11, 1995, on the front page of "Indian Express" under the caption "In Satish Sharma's Reign, Petrol and Patronage Flow Together". The solicitor general who was present in Court, took notice of the news item and stated that he would have the matter examined in the Ministry concerned and file an affidavit giving Ministry's response to the news item. The news item, inter alia, stated as under:-"Not only the relatives of the most of the officials working for Captain Satish Sharma but even his own driver and the driver of his additional Private Secretary have been allotted petrol pump and gas agency respectively. The wives of two clerks and a stenographer in the Ministry have similarly been allotted petrol pumps. Some of these allotments have been made from the discretionary quota with the Petroleum Minister while others have been made through an ostensibly objective selection process undertaken by the Oil Selection Boards (OSBs)............... A Mr. Poda Rajshekar, a relative of Mr. G. Gurusharan, private Secretary to Captain Sharma has been allotted a petrol Pump at Banjara Hills, Hyderabad out of the Minister's discretionary quota taking pity on the "financial circumstances that the family finds itself in." Ms Madhuri Safaya, a relation of the Additional Private Secretary to the Minister, Mr. V. N. Safaya has been allotted a petrol pump "on compassionate grounds" from the discretionary quota. Another relation of Mr. Safaya, Mrs. Monica Malla, has also been a beneficiary of a petrol pump, courtesy Captain Sharma. Mrs. Daya Rani, wife of Mr. Hari Ram Verma, personal assistant to the Additional PS to the Minister, Mr. V. N. Safaya, was allotted a petrol pump out of the discretionary quota................... Mrs. Vijuya Nair, wife of Mr. D. V. Pillai, another additional Private Secretary to Captain Sharma has been allotted a petrol pump on the grounds that the "applicant is a young unemployed(woman) with the responsibility of looking after a large family" hardly a unique classification in this country of 900 million ........... The Chairman of the OSB for Uttar Pradesh is Justice S. H. Abidi (retd.) who lives at 50, Dariyabad, Allahabad, It so happens that Syed Shaukat Hasan Abidi, his son, living at 50/1, Dariyabad, Allahabad put in request and was allotted a petrol pump on "compassionate grounds" at Fatehpur (80 km Mile Stone) in Uttar Pradesh. A former MLA, Mr. Shiv Balak Passi, from Rae Bareli is a member of the OSB for Madhya Pradesh and his job is to allot petrol pumps to others. He too had put in a request for the discretionary allotment of a petrol pump. Lo and behold, on "compassionate grounds" he was immediately allotted a petrol pump on the Rae Bareli- Lucknow Road in UP. Mr. Krishna Swaroop, a Congress party worker and resident of 18/7, Punjabi Bagh Extension, New Delhi-26 is member of the OSB for Delhi and Chandigarh. His son, Mr. Pradeep Kumar, was favoured with a petrol pump by the Minister on the grounds that "the applicant is a young man from Scheduled caste Community with no source of regular income. The case deserves sympathetic consideration. Therefore, a retail Outlet for MS HSD in the Union Territory of Delhi is allotted to Shri Pradeep Kumar, r/o 18/7 Punjabi Bagh Extension, New Delhi - 110 026." Mr. Ghulam Ahmed Mir is also a member of the OSB for Delhi and Chandigarh. An application was made by him for the allotment of a petrol pump. and the Minister passed the order on "compassionate grounds" from his discretionary quota. Similarly the following OSB members, either themselves or their next of kin, have been allotted petrol pumps. Mr. K. L. Sharma (Member OSB, West Bengal), Mr. R. S. Nautiyal (Member OSB, Punjab), and Mr. Harbansal Gupta (member OSB, Haryana). Two relations of Mrs. Satya Bahen (Member OSB, Haryana) were allotted a gas agency in Etah and a petrol pump at Itmadpur near Tundla, respectively. The son of a former Home Minister who is currently a Cabinent Minister , the son of a present Minister of State from the North East; the brother in law of a former Janata Dal officer-bearer and now a Congressman from Eastern UP' the son of Dalit leader who was with the late H. N. Bahuguna at one time and is now in the Congress; the son of the former Congress Councillor of the Municipal Corporation of Delhi; the wife of an ex-Congress MP from the UP hills; the wife of prominent Dalit leader in the Opposition and several political hacks from Amethi are among the hundreds who have been gifted petrol pumps or gas agencies during the tenure of Captain Satish Sharma as the Petroleum Minister." Mr. Vijay L. Kelkar, Secretary in the Ministry of Petroleum and Natural Gas, Government of India, filed an affidavit dated October 9, 1995. The relevant part of the affidavit is as under:- "It may be relevant to point out here that under the approved Guidelines, the Hon'ble Minister personally decides each case and the order is a speaking order. An unsuccessful applicant in the same category is entitled to have a copy of the order if a request is made for it. The specific instance referred to in the Indian Express new paper dated 11th August, 1995, appear to relate to allotments made prior to the order of this Hon'ble' Court dated 31st March, 1995. However, those allotments also were made on merits of each case as appearing from the applications which contained the circumstances under which the request was made. For the cases mentioned in the newspaper report, it is denied that the allotments were made on account of alleged relationship and /or any improper motive. The relationship of an applicant with any official of the Ministry has not been a relevant factor in considering discretionary allotment on compassionate grounds. Should this Hon'ble Court direct, the relevant files shall be produced for perusal for this Hon'ble Court." This Court examined the affidavit of Mr. Kelkar on October 13, 1995 and passed the following order:- "Mr. Vijay L. Kelkar, Secretary in the Ministry of Petroleum and Natural Gas, Government of India has filed an affidavit pursuant to this Court's order dated August 11, 1995. Without commenting on the affidavit; we direct the Ministry of Petroleum and Natural Gas to file a further and better affidavit within two weeks with reference to the specific instances." Pursuant to the above quoted order Mr. Kelkar filed affidavit dated October 28, 1995. The relevant part of the affidavit is as under:- "That the Department, in compliance with the said order dated 13th October, 1995, has ascertained the position regarding the allegations that allottees under the discretionary quota are related to various political leaders, officials and members of Oil Selection Boards (OSBs) or the members themselves. Such allottees can be grouped under three different categories and allegation regarding each one of them is answered and/or dealt with as follows: A ALLOTTEES SAID TO BE RELATED TO POLITICIANS (i) With reference to the allegation that the son of a former Home Minister, who is currently a Cabinet Minister, has been allotted a Petrol Pump....... It is correct that the allottee, Shri Sarbjot Singh is the son of said Shri Buta Singh. (ii) With reference to the allegation that the son of a present Minister of State from the North-East, has been allotted a petrol pump..... It is correct that the said allottee is the son of a Minister, namely, Shri K. Hollahan, in the State Government of Nagaland. B. ALLOTTEES SAID TO BE RELATED TO THE MEMBERS OF OBSs OR THE MEMBERS THEMSELVES. (i) With reference to the allegation that Shri Syed Shaukat Hassan Abidi is the son of the Justice S. H. Abidi (retd.) who is the Chairman of the OSB for Uttar Pradesh ........... Discretionary allotment was made in favour of the applicant in January, 1995. It is correct that the said allottee is the son of the said Chairman of OSB for U. P. (ii) With reference to the allegation that the allottee, Shri Pradeep Kumar, is a Member of the OSB for Madhya Pradesh and he is himself an allottee from discretionary quota ........... A discretionary allotment was sanctioned in his favour in December, 1994. It is correct that Shri Passi is a Member of the OSB for Madhya Pradesh. (iii) With reference to the allegation that the allottee, Shri Pradeep Kumar, is the son of Shri Krishna Swaroop who is a Member of OSB for Delhi and Chandigarh ........... It is correct that the allottee is the son of the said Shri Krishna Swaroop. (iv) With reference to the allegation that the allottee, Shri Ghulam Ahmed Mir is a Member of OSB for Delhi and Chandigarh ...........It is correct that Shri Mir is a Member of the OSB, Delhi. (v) With reference to the allegation that Shri R. S. Nautiyal, who is Member of OSB, Punjab, has been allotted a Petrol Pump either in his own name or in the name of his next of kin, it is stated that Smt. Neena Nautiyal, made an application in August, 1994,....... It is correct that Smt. Neena Nautiyal is the wife of Shri R. S. Nautiyal, a Member of OSB, Punjab. (vi) With reference to the allegation that a Petrol Pump was allotted to Shri Justice Harbanslal Gupta, a Member of OSB, Haryana, in his own name or in the name of his next of kin, it is stated that one Shri Arun K. Gupta made an application in September, 1993......... It is correct that Shri Arun Kumar Gupta is the son of Shri Justice Harbansal Gupta (Retd.) who is the Chairman of the OSB, Haryana. (viii) With reference to the allegation that two relations of Smt. Satya Bahin, a Member of the OSB for Haryana, were allotted a Gas Agency and a Petrol Pump, it is stated that one Shri Dharmesh Kumar made an application in September, 1994........ Along with his application there was a recommendation for discretionary allotment from Smt. Satya Bahin, Ex Member of Parliament........ It is stated that the relationship of Shri Dharmesh Kumar with Smt. Satya Bahin is not known. C. ALLOTTEES WHO ARE SAID TO BE RELATED TO VARIOUS OFFICIALS IN THE MINISTRY. (i) The allegation is that relatives of the Drivers of the Minister and of the Additional Private Secretary to the Minister have been allotted Petrol Pump and Gas Agency. It has been found that one Smt. Leela Devi, wife of late Shri Krishan Swaroop made an application that her husband was brutally murdered on 25-1-1994, she had no means of income to support her family and that she belonged to a Scheduled Caste. A retail outlet was allotted to Smt. Leela Devi on compassionate grounds from the discretionary quota in May, 1995. It has now been ascertained that Smt. Leela Devi happens to be a relative of a Driver of the Minister. (ii) With reference to the allegation that Shri Poda Rajasekhar is a relative of Shri G. Gurucharan, Private Secretary to the Minister of State, it is stated that an application was made by Shri Rajasekhar in July, 1993 .............. A Retail Outlet Dealership for MS-HSD at Secunderabad was sanctioned to Shri Rajasekhar on compassionate grounds. It has been ascertained that the said allottee is a relative of the said Shri Gurucharan. (iii) With reference to the allegation that Ms. Madhuri Safaya is a relative of Shri B. N. Safaya, Additional Private Secretary to the Minister, to whom a Retail Outlet has been allotted, ...........It has been ascertained that she is related to the said Shri B. N. Safaya. (iv) With reference to the allegation that Ms. Monica Malla is also related to Shri B. N. Safaya,......... A Retail Outlet was allotted to her in November, 1994 out of discretionary quota. It has been ascertained that the said Ms. Malla is related to the wife of Shri B. N. Safaya. (v) With reference to the allegation that the allottee, Mrs. Daya Rani, is the wife of Shri H. R. Verma, Personal Assistant to the Additional Private Secretary to the Minister, Shri B. N. Safaya,...... It is correct that the allottee is the wife of Shri H. R. Verma. (vi) With reference to the allegation that Mrs. Vijaya Nair, who has been sanctioned a Retail Outlet, is the wife of Shri D. V. Pillai, Additional Private Secretary to the Minister of State,...... It has been ascertained that Mrs. Vijaya Nair is not the wife of Shri D. V. Pillai, but she is related to him." This Court issued notice to all the 15 persons mentioned in the affidavit of Mr. Kelkar. Thirteen, out of them filed affidavits justifying the allotments of petrol pumps made to them by Capt. Satish Sharma. This Court by the order dated December 6, 1995 directed that "the minister may, if he so desires, file an affidavit in this regard," Capt. Satish Sharma has, however, not chosen to file any affidavit.
(2.) The relevant records have been produced before us. Mr. Sarbjot Singh in his application mentioned that he was a commerce graduate belonging to the scheduled caste community. He completed graduation in year 1991. He was interested in sports (shooting) and won awards at the national level. Because of his pre-occupation with the sports, he had average academic record and as a consequence could not get admission to any professional course. He further stated that in spite of his best efforts he could not get any suitable employment for supporting himself and as such a petrol pump in Delhi be allotted to him. The file does not indicate how the application was entertained. There is no receipt/entry on the application. No official/officer has examined the application before the Minister's order. There is nothing to show that any guidelines were kept in view. The application, obviously was given by hand to the Minister, who readily passed the allotment order. There is a separate sheet containing the order of the Minister which is under:- "Office of the Minister of State (P and NG) ********** Placed below is an application of Shri Sarbjot Singh for allotment of a Retail Outlet dealership for MS-HSD. The Applicant has stated that he is a graduate without any suitable employment. Submitted for kind orders. Sd/- (S. Gurucharan) PS to MOS (P and NG) 31/1 Minister I have examined the application carefully. The applicant is an unemployed graduate and a sports man who participated in national level competitions. The applicant has not been able to get any gainful employment and is unable to support himself. The case deserves sympathetic consideration. Therefore, a Retail Outlet for MS-HSD in the National Capital Territory of Delhi is allotted to Shri Sarbjot Singh r/o 16, Ashok Road, New Delhi. Orders may be issued accordingly. Sd/- (Capt. Satish Sharma) Minister of State" Thereafter, the matter was processed in the office and in one of the notes by an officer of the Ministry it was mentioned that the allottee " is son of Shri Buta Singh, Minister of Civil Supplies. "No one took notice of this fact and the allotment order was issued.
(3.) In all the cases discussed hereinafter the pattern of allotment and the method and procedure followed was the same as in Sarbjot Singh' s case.;