(1.) This is an application under Article 227 of the Constitution. It is a grave example of flagrant violation of the principles of natural justice and reveals a serious state of public administration. The short point involved is if a minister who has certified a candidate, can himself sit in judgment and adjudge in revision that candidate's fitness and grant his candidate an excise license under the Bengal Excise Act after setting aside the concurrent orders of the Collector and the Commissioner of Excise.
(2.) The relevant facts must be set aside at the beginning. Mr. I.D. Jalan, the then Minister-in-charge of the Home (C and E), Judicial and Legislative Department, Writers' Buildings, Calcutta, issued a certificate dated the 15th May, 1963, to Chandra Sekhar Prosad, the first respondent and opposite party No.1 in this case. The certificate reads as follows :-
(3.) Numerous applications were made for the licence. On the 28th and the 29th April, 1964, 33 candidates out of 48 were called for interview by the Deputy Commissioner, the licensing authority. It was on the 28th April, 1964, that opposite party No. 1, Chandra Sekhar Prosad made an application using the certificate of the minister. After hearing all the parties and the interview of the candidates, the licensing authority, the Deputy Commissioner of the district made, inter alia, the following order :-
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN