COMMON CAUSE A REGD. SOCIETY versus UNION OF INDIA AND ORS.

COMMON CAUSE A REGD. SOCIETY versus UNION OF INDIA AND ORS.

Capt. Satish Sharma, in his capacity as Minister for Petroleum and Natural Gas, acted in a wholly arbitrary, mala fide, and unconstitutional manner in allotting petrol pumps. Such actions warrant investigation by an independent authority (CBI) and imposition of exemplary damages.

Source-derived case information.

Parties
Petitioner: Common Cause A Rego. Society; Respondent: Union of India and Ors.; Respondent: Capt. Satish Sharma
Jurisdiction
India
Judgment Date
04 November 1996
Procedural Posture
Writ Petition (civil) / Interlocutory Order
Outcome
Directions issued for criminal investigation and award of exemplary damages; allotment orders set aside.
Legal Topics
Arbitrary Allotment, Exemplary Damages, Misfeasance in Public Office, Criminal Breach of Trust
Constitutional Law Administrative Law Torts Arbitrary Allotment Exemplary Damages Misfeasance in Public Office Criminal Breach of Trust

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Parties

Common Cause A Rego. Society

Petitioner

Union of India and Ors.

Respondent

Capt. Satish Sharma

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Order

Legal Issues

  1. 1 Whether allotment of petrol pumps by Minister was arbitrary and illegal.
  2. 2 Whether exemplary damages should be imposed for mala fide actions by a public servant.
  3. 3 Whether investigation and prosecution should be initiated against Capt. Satish Sharma.

Ratio Decidendi

Capt. Satish Sharma, in his capacity as Minister for Petroleum and Natural Gas, acted in a wholly arbitrary, mala fide, and unconstitutional manner in allotting petrol pumps. Such actions warrant investigation by an independent authority (CBI) and imposition of exemplary damages.

Court Disposition

Directions issued for criminal investigation and award of exemplary damages; allotment orders set aside.

Orders

  • CBI to register a case and investigate allegations against Capt. Satish Sharma, complete investigation within 3 months, file interim report, not influenced by court findings in Common Cause case.
  • Capt. Satish Sharma directed to deposit Rs. 50 lakhs as exemplary damages with Secretary, Ministry of Finance, Government of India within nine months. If not paid, recoverable as arrears of land revenue.