MALIK RAM versus STATE OF RAJASTHAN

MALIK RAM versus STATE OF RAJASTHAN

The authority under s. 68-D(2) is empowered to reject a draft scheme outright and is required to permit relevant evidence, oral or documentary, to ensure a proper quasi-judicial hearing; failure to do so renders approval of the scheme invalid.

Source-derived case information.

Parties
Appellant: Malik Ram; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
14 April 1961
Procedural Posture
Civil Appeal, Writ Petition / Appeal From Rajasthan High Court; Decision on Merits by Supreme Court
Outcome
Appeal allowed; scheme approval set aside; matter remitted for fresh consideration in accordance with law.
Legal Topics
Motor Vehicles Act Scheme Approval, Quasi Judicial Hearing, Procedural Fairness, State Transport Undertaking
Administrative Law Transport Law Motor Vehicles Act Scheme Approval Quasi Judicial Hearing Procedural Fairness State Transport Undertaking

Source-derived case record

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Parties

Malik Ram

Appellant

State of Rajasthan

Respondent

Procedural Posture

Civil Appeal, Writ Petition / Appeal From Rajasthan High Court; Decision on Merits by Supreme Court

Legal Issues

  1. 1 Whether the officer hearing objections under s. 68-D(2) of the Motor Vehicles Act has power to reject the draft scheme in its entirety
  2. 2 Whether the officer has power and duty to take evidence, oral or documentary, from parties when deciding objections

Ratio Decidendi

The authority under s. 68-D(2) is empowered to reject a draft scheme outright and is required to permit relevant evidence, oral or documentary, to ensure a proper quasi-judicial hearing; failure to do so renders approval of the scheme invalid.

Court Disposition

Appeal allowed; scheme approval set aside; matter remitted for fresh consideration in accordance with law.

Orders

  • Set aside the order approving the scheme.
  • Directed that the draft scheme be reconsidered after giving a proper hearing as per the Supreme Court's observations.