Petition challenged expenditure by States and UT beyond the Indian Red Cross Act mandate. Court noted varying responses from respondent States regarding refunds or compliance.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.18396of2007(O&M)
DATE OF DECISION: 20.05.2014
Resurgence India
…..Petitioner
versus
The Union of India and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICESANJAYKISHANKAUL,CHIEFJUSTICE
HON’BLE MR. JUSTICE ARUN PALLI
Present: Mr. APS Shergill, Advocate for the petitioner
Mr. Brijeshwar Singh Kanwar, Sr. Standing
Counsel for UOI for
Mr.O.S. Batalvi, Special Senior Standing Counsel,
UOI
Mr. Alok Jain, Addl. Advocate General, Punjab
Mr. Ajay Gupta, Addl. Advocate General, Haryana
Mr. K.K. Gupta and Mr. Aashish Rawal, Advocate
for Chandigarh Administration
Mr. M.S. Sindhu, Advocate for respondent No.6
SANJAY KISHAN KAUL, CHIEF JUSTICE (Oral):
We have perused the reports submitted by the two State
Governments and the U.T. of Chandigarh. The report of the State
of Haryana seeks to suggest that there are expenses incurred
outside the mandate and scope of the Indian Red Cross Act, 1920.
Some of them are for altruistic purposes while there are second
set of expenses incurred for hospitality, etc. of the
administration and VIPs which are liable to be refunded back to
Chand Parkash 2014.05.21 12:54 I attest to the accuracy and integrity of this document
CWP-18396-2007
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the Red Cross. Learned Additional Advocate General for State of
Haryana submits that reimbursement will be done on or before
15.7.2014.
As far as the U.T. of Chandigarh is concerned, it has
been opined that the expenditure incurred is either in order or
recommendatory and, thus, no action is required.
The last report is of the State of Punjab where also
there are expenses incurred beyond the purview of the Act. Not
only that, qua certain aspects, the matter is quite serious and
this is as per Annexure R-1 to the report. Learned Additional
Advocate General seeks six weeks’ time to conclude the proposed
action so that the matter is recommended to the Ministry of
Personnel, Government of India. Compliance report be filed before
us at least three days prior to the next date of hearing.
The petition accordingly stands disposed of in the
aforesaid terms.
List for compliance on 02.08.2014.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
20.05.2014 ( ARUN PALLI )
parkash*JUDGE
Chand Parkash 2014.05.21 12:54 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether State Governments and U.T. of Chandigarh required to refund expenses incurred beyond the mandate of the Indian Red Cross Act, 1920.
1 provisions across 1 enactments
Resurgence India
The Union of India
State of Haryana
State of Punjab
Chandigarh Administration
SANJAY KISHAN KAUL
ARUN PALLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court