COMMON CAUSE A REGISTERED SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(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:-

(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:-

(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.