Supreme Court of India
Rajesh Awasthi v. Nand Lal Jaiswal & Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid analysis, I conclude that there has been total non-compliance of the statutory provision by the Selection Committee which makes the decision making F process vulnerable warranting interference by the constitutional courts and, therefore, the High Court is justified in holding that the appointment is non est in law.
Judgment, page 36
From the headnote
Electncity Act, 2003: s. 85(5) - Selection of Chairperson of State Electricity c Regulatory Commission Selection Committee recommending to State Government two names asking the Government to ensure compliance of sub-s. (5) of s. 85 - Held: Power conferred under sub-s. (5) of s. 85 of the Act has to be exercised by Selection Committee and not by the 0 Government - The question as to whether the persons who have been named in the panel have got any financial or other interest which is likely to affect prejudicially their functions as Chairperson, is a matter which depends upon the satisfaction
Authorities it was built on
- 1993 R.k.jain v. Union of India and Ors.
- 2011 Centre for Pil & Anr. v. Union of India & Anr.
- 2001 B.R. Kapur v. State of Tamil Nadu and Anr.
- 2010 Hari Bansh Lal v. Sahodar Prasad Mahto and Ors.
- 1988 Atma Ram Mittal v. Ishwar Singh Punia
- 1987 Utkal Contractors & Joinery Private Limited & Ors. Etc. v. State of Orissa & Ors.
- 2011 Itc Ltd. v. State of Uttar Pradesh & Ors.
- 2003 High Court of Gujarat and Anr. v. Gujarat Kishan Mazdoor Panchayat and Ors.
- 1993 Dr. Kashinath G. Jalmi and Anr. Etc. Etc. v. Speaker and Ors.
- 2006 B. Srinivasa Reddy v. Karnataka Urban Water Supply and Drainage Board Employees Association and Ors.
- 2005 Sangeeta Singh v. Union of India and Ors.
- 1975 A. Panduranga Rao v. State of Andhra Pradesh & Ors.
Where later benches applied it
- 2022 Gambhirdan K Gadhvi v. The State of Gujarat & Ors
- 2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors.
- 2018 Bharati Reddy v. The State of Karnataka & Ors.
Of those, 1 relied on · 2 referred to
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