Discretion should be guided by law: HC

Shimla, November 3

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“Discretion means sound discretion guided by law or governed by known principles of rules, not by whim or fancy or caprice of the authority.”

This was held by the High Court while dealing with a petition, highlighting the functioning of officials of the HP State Civil Supply Corporation, whereby they had allotted distribution of LPG cylinders to contractors without inviting any tender.

Expressing concern on this, the court directed the corporation to call for tenders for the distribution of LPG cylinders by giving publicity to the same and complete the process within six weeks.

The court passed this order on a petition filed by Darshan Singh alleging that the corporation, without issuing any advertisement for allotment of distribution work of cylinders, allotted the work to other contractors by withdrawing it from him only because they were ready to do the same work at a lesser rate.

Taking note on the working of the officials, it observed: “The officials have failed to take into consideration that discretion can only be exercised if there is a power to do so and it cannot be contrary to law.”

It said: “It is highly regrettable that the officials had been oblivious of the fact that the office entrusted to them are sacred. They cannot act as despots.”

It said: “It has to be remembered that the corporation has power to hold property and is capable to entering into contract strictly in accordance with the rules that too in a fair manner without indulging in any favourtism.” — OC