CHIRAG ENTERPRISES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner's Tender, State's Pleasure and peoples' treasure, the juxtaposition of these trio postulates are on test and trial. Administrative discretion is to be put to judicial post morterm on the touch-stone of "rule of law".

(2.) The new dimensions of scope of judicial review in the field of administrative law, by celebrated decisions of the Apex Court in Ramana Dayaram Shetty v. International Airport Authority of India, (AIR 1979 SC 1628) and Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir, (AIR 1980 SC 1992), having smashed the VETO power of the administrative wing of the State, proverbially known as the "BUREAUCRACY" in matters of State Contracts, Tenders, Licences, Quotas and Permits; flood gates have been opened for citizens for invoking Article 226 of the Constitution and claiming the enforcement of "ubi jus ibi idem remedium".

(3.) Overt and covert disregard, flagrant violations of the laws, norms and fair play principles, by those who are trustees and custodians, at any level today, is pregnant with disastrous consequences not so much to them, but to the society as a whole.