Case Note & Summary
Constitution of India, Article 14 – Arbitrary exercise of executive power – No Objection Certificate (NOC) granted without following Rules of Business – Withdrawal held valid – No violation of principles of natural justice as decision of Council of Ministers was binding – No indefeasible right in favor of the appellant – Appeal dismissed. [Para 9, 10, 12]
Constitution of India, Article 226 – High Court’s power of judicial review – Interference with government decision only when arbitrary or illegal – Issuance of NOC without Cabinet approval was contrary to Rules of Business – Government had power to revoke the same – No relief granted. [Para 6, 9]
Doctrine of Promissory Estoppel – Not applicable when government officers act beyond their authority – Unauthorized grant of NOC could not bind the government – No legitimate expectation could arise – Cited precedent in M/s Jit Ram Shiv Kumar v. State of Haryana (1980 SCC OnLine SC 145) – Appeal rightly dismissed. [Para 10, 11]
Principles of Natural Justice – No violation in withdrawal of NOC – Even if opportunity of hearing was granted, Department could not have acted against decision of Council of Ministers – Procedural lapse did not lead to any prejudice – Useless formality theory applied – Appeal dismissed. [Para 12]
Subjects: NOC withdrawal – Rules of Business – Promissory Estoppel – Natural Justice – Executive Decision – Cabinet Approval – Judicial Review – Indefeasible Right – Unauthorized Grant – Administrative Law.
Issue of Consideration: Jagdish Chand Memorial Trust Versus State of Himachal Pradesh
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