CiteTEXT
...completing the consultation process. Consultation does not imply concurrence. The authorities may confer, but differ. According to Shri Soli Sorabjee, the ultimate decision is with the consultor, and.... Concurrence or consensus is not in the contemplation of consultation. Even when the views of the Chief Justice of the Delhi High Court were withheld from the Chief Justice of India, the Supreme Court...bear the veneer one should have expected. The sense of urgency was not that real as expressed. Be that as it may, it is not sufficient to sustain a plea of malafides.33. Consultation is an ...
...expressed. Be that as it may, it is not sufficient to sustain a plea of malafides.24. Consultation is an expression understood, though not defined in the Constitution, or the Act. It implie..., is not in a position to concede to the request of the petitioner. Under the provisions contained in Sec. 3(2) of the Act, all what is required is that there should be effective consultation made by...“concurrence” and it has been held that what is to be fulfilled in the process of “consultation” is that all relevant materials and inputs should be conveyed by the decision maker to the consultee so as to...
...the Hon'ble High Court has ruled as under:
"33. Consultation is an expression understood, though not defined in the Constitution, or the Act. It implies a meeting of minds, open to persu...the respondent no.2 has granted NOC, however, with the condition "subject to concurrence by respondent no.1", and after having the consultation/view of the respondent no.1, respondent no.2 has not...applicant has not
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completed the requisite 18 years of service, which is an essential service criteria for CAPFs as per...
...the highest court of land. Such a consultation, therefore, cannot be avoided. Though consultation is not equivalent to concurrence, yet, there must be material on record to show that after the...issuing the impugned show cause notice the first respondent did not mike any consultation with the financing bank as contemplated by S. 72(6) of the Act and therefore the show cause notice is Invalid. It...the first respondent has taken the stand in the counter affidavit that the consultation is required only for the passing of the order of super session and not for issuing a show cause notice. Mr. N.C...
...124(2).(ii) The word used in Article 124(2) is “consultation”, and not “concurrence”.(iii) The President...of India while appointing a Supreme Court Judge can consult any Judge of the Supreme Court or even the High Court as he deems necessary for the purpose, and is not bound to consult only the five...?(5) Whether the word “consultation” in Article 224 means “concurrence”?(6) Whether by judicial interpretation words in the Constitution...
...the word “in consultation” in the aforesaid provisions do not mean “concurrence”. Therefore discretion is left in the State Government to decide the dates of election to municipalities as well as hours...of poll ignoring the opinion of the Commission.60. In support of this argument that “consultation” is not “concurrence” reference has been made to L&T Mc. Neil Ltd. v...in which the said word is used and also the object it seeks to achieve. Instances are replete where the word “consultation” has been interpreted to mean not only concurrence but supremacy of the...
...full and effective and not formal or unproductive consultation". The term used is consultation and not concurrence or consent which are not synonyms to each other, and operate differently...ascertained its view.
11. In the case of Likhi Group Gram Panchayat (supra) also the Division Bench held that requirement of Section 9(2) of the Old Act is not mandatory. What ...IX of the Panchyati set up and mechanism in the Constitution of India in 1993 and it is in this context and environment though Section 7 (3) speaks of "consultation" and not "consent" or "concurrence...
...concurrence of the Regional Transport Authority or Regional Transport Authorities of the other region or regions concerned”.6. Having regard to the language of Rule 171(2) it is not possible to assent to the ...indication that the duty of the Regional Transport Authority is limited to issuance of a permit and not obtaining concurrence therefor.5. Learned Government Pleader appearing on notice...but obtaining it. Thus concurrence is a precondition to grant.7. Rule 170 deals with grant of temporary permits. In cases comprehended by that rule prior concurrence is not necessary...
...again it is not concurrence but only consultation and the Central Government is not bound to act in accordance with the opinion of the Chief Justice of India though it is entitled to grea...(1979) 1 SCC 380, (1979) 2 SCR 476 that consultation does not mean concurrence. He states that ...Court under Article 124(2) and to the High Courts under Article 217(1). Though such a consultation is not constitutionally required in the case of appointment of other constitutional appointees, which we have indicated and ...
...consultation with the executive authority of the village panchayat concerned. The expression used is " consultation "
and not concurrence or consent. In this case, I am satis...except consent Perumalpatti Village Panchayat. However, getting opinion from V.P.P is only directory not mandatory. Further, in the second respondent panchayat union, there are several village...village panchayats."
5. It is true that in the case of one of the Panchayat president's written consent could not be obtained. G.O.(Ms). No.72 Rural Development and Panchayat...
...for consulting the financing bank arises. This has been held to be a mandatory requirement by the highest court of the lard. Such a consultation, therefore, cannot be avoided. Though consultation is not equivalent ...financing bank before final orders are passed. What consultation is contemplated under sub-S. (6) of S. 72 does not evade analysis. Obviously such consultation begins after the Registrar is subjectively...S. 72(1) of the Act. I am therefore, of the view that the statutory requirement as to consultation under S. 72(6) of the Act has not been done in the instant case. It is only, in the show cause...
....7. Another aspect of the case is that in terms of the ‘note’, what is required is consultation with the Government of India and not its concurrence or consent. Such ...undertaking that he would abide by the conditions to be fixed by the Government. Such acceptance was in anticipation of the post facto concurrence of the Government of India as mentioned above. It is...petitioner is not deprived of the continuity of service and other service benefits.8. It is to be kept in mind that no order to the contrary preventing the petitioner from going abroad...
.... However, it is the stand of the State that consultation does not mean concurrence since the power of the State is a plenary power and the States are not subordinate to the Central Government....28. Thus, Mr Dwivedi concluded by stating that the expression used in Section 435(1) is “except after consultation”. Parliament has deliberately not chosen the word “concurrence...Krishna Iyer, J. said in Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193 that ‘consultation is different from consentaneity’.”...
...Financing Bank arises. This has been held to be a mandatory requirement by the highest Court of the land. Such a consultation, therefore, cannot be avoided. Though consultation is not equivalent to ...referred to in the show cause notice have not been established, the consultation earlier obtained will become a mere formality and it would be a sheer waste of time. The matter is also clear if we...the actual order of supersession, it is not necessary that there ought to have been a consultation before the issuance of the show cause notice. S. 72(6) speaks about “before taking any action under...
...learned Senior Counsel contended that in the said sub-section cautiously Parliament has used the expression “concurrence” while in Section 435(1) the expression used is “consultation”. It is, therefore, pointed out...positions is not a judicial or constitutional authority but is a sui generis quasi-judicial authority, “consultation” will not amount to “concurrence”. Therefore, the said judgment is als...?Answer229. That suo motu exercise of power of remission under Section 432(1) is not permissible and exercise of power under Section 432(1) must be in accordance with the pro...
...of the respondents that the petitioner is not entitled for payment of salary. Their plea only is that till date, they have not been able to take the decision and proposal has been sent only on 2.5.2002 It .... Junior Counsel to Govt. Pleader I, however, submits that matter is under consideration and all admissible dues of the petitioner shall be paid within a short period.5. It is not the plea...:“The bureaucracy-self perpetuating Holihesian leviathen is not the symptom of India's ills, it is the disease. Its very structure sabotages innovations condones lassitude and encourages...
...Board would not be and could not be binding on the DDR, for that is not the import of section 45(1) of the Act. What is necessary is consultation and not concurrence. On...observations of this Court in the aforementioned decisions. In Chandramouleshwar Prasad's case, the Supreme Court has observed:“Consultation or deliberation is not complete or effective...87 : AIR 1982 SC 149, proceeded to observe as under:—“Consultation is thus not an empty formality or a ritual. It has...
..., transfer and disciplinary action are kept intact and it is only the question of actual transfers that are made subject to the consultation of the Advisory Committee. It is only a consultation and not....
4. After consulting the Advisory Committee, the District Primary Education Officer has to issue orders of transfers of District Primary Teachers under his seal. It is not necessary to...concurrence of the Committee that is envisaged. In the interest of the administration the Government thought it fit, that too on the letter written by the Director of Primary Education, to constitute...
...Commission to conduct elections and the only requirement to be complied with, is consultation with the State Government, not obtaining prior concurrence.9. Undoubtedly...since the Election Commission has already taken the decision to postpone the Elections, there shall be a post decisional consultation with the State of Andhra Pradesh before the next date is notified by...development activities which have already been undertaken shall not be interrupted till the Model Code of Conduct is reimposed.However, if the State Government wishes to undertake...
...provided in the Act, it was, in fact, carried out. It is settled law that ''''''''consultation'''''''' does not mean ''''''''concurrence'''''''' or ''''''''consent''''''''. So, on the facts and...full and effective and not formal or unproductive consultation". The term used is consultation and not concurrence or consent which are not synonyms to each other, and operate differ.... 11. In the case of Likhi Group Gram Panchayat also the Division Bench held that requirement of Section 9(2) of the Old Act is not mandatory. What is required is the ...