Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Doctrine of legitimate expectation Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Administrative Law: Doctrine of legitimate expectation - Change in public policy - Applicability of - Policy decision taken by the Government to provide digital wireless telecom facility in Eastern U.P. on the basis of ADB loan - Tender invited and appellant along with another company shortlisted - Allegation of appellant that certain officers of the Government played fraud to see that the ADB loans either lapse or stand withdrawn to favour a multinational company who wanted to dump outmoded technology in India - Subsequently, Government took another policy decision to provide digital telecom facility not only to Eastern UP but other rural areas of various States - Held, changed policy decision was neither irrational or perverse on the basis of the underlining Principles and hence Govt. was not bound by its earlier policy decision - Such policy can be changed by the Decision-makers in overriding public interest - However, change in policy defeating the substantive legitimate expectation must satisfy the test of reasonableness and the Court can interfere if the change of policy is irrational or perverse - Wednesbury principle - Government contracts - Fraud - Legitimate expectation. Administrative action - Allegation of fraud - Official decision should not be infected with motives such as fraud or dishonesty, malice or personal self-interest - There can be any cause of action on the basis of an attempt at fraud, which did not materialise. Practice and Procedures - SLP - lnfructuous issues - Subsequent issues - Regard for - Issues live before the High Court become non-issue due to subsequent events during the pendency of the appeal - Must be taken into consideration - Constitution of India, Article 136. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 219 |
Petitioner | Punjab Communications Ltd. |
Respondent | Union Of India And Ors. |
SCR | [1999] 2 S.C.R. 1033 |
Judgement Date | 1999-05-04 |
Case Number | 2685 |
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