UNION OF INDIA versus BIJAN GHOSH AND ORS.

UNION OF INDIA versus BIJAN GHOSH AND ORS.

Since the statutory requirements for conferring the Bharat Ratna were not fulfilled (no publication in Gazette, no entry in register, no Sanad from President), the award was not in fact conferred and thus the question of cancellation or annulment does not arise. The press communique should be treated as cancelled.

Parties
Petitioner: Union of India; Respondents: Buan Ghosh and Ors.
Jurisdiction
India
Judgment Date
04 August 1997
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
Petition disposed of
Legal Topics
Conferment of Award, Cancellation of Award, Bharat Ratna, Government Notification
Administrative Law Conferment of Award Cancellation of Award Bharat Ratna Government Notification

Case Brief

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Parties

Union of India

Petitioner

Buan Ghosh and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the conferment of Bharat Ratna by press communique constitutes the award under law
  2. 2 Whether the press communique can be recalled, rescinded, cancelled, or revoked

Ratio Decidendi

Since the statutory requirements for conferring the Bharat Ratna were not fulfilled (no publication in Gazette, no entry in register, no Sanad from President), the award was not in fact conferred and thus the question of cancellation or annulment does not arise. The press communique should be treated as cancelled.

Court Disposition

Petition disposed of

Orders

  • Press communique dated 22nd January 1992 regarding Bharat Ratna to Netaji Subhas Chandra Bose stands cancelled.
  • Transferred cases and petitions stand disposed of.