High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
K. Naga Venkata Surya Lakshmi
Versus
The Indian Oil Corporation Limited, Reptd., by its Managing Director Mumbai & Others
Writ Petition No.9925 of 2009
Date of Judgment : 25-06-2010
B) PETROLEUM ACT, 1934 - Guidelines governing the Selection of Indane Distributors of Indian Oil Corporation, Clauses 14.1, 4.5 (d) and 23 - Taking of Overdraft against the Fixed Deposit required to be maintained – The IOC is not informed of the same – Amounts to material suppression of facts and false statement.
C) PETROLEUM ACT, 1934 - Guidelines governing the Selection of Indane Distributors of Indian Oil Corporation, Clauses 14.1, 4.5 (d) and 23:- Maintenance of unencumbered Fixed Deposit which can be converted into liquid funds by the corporation is a prerequisite for granting of the deistributorship
As the subject matter of these three Writ Petitions is common, with the consent of the learned counsel for the parties, they are being heard and disposed of together.
Writ Petition Nos.9925 and 12738 of 2009 have been filed by two individual applicants for LPG Distributorship of the Indian Oil Corporation Limited-respondent No.1 (for short "the Corporation") for Razole and Malkipuram areas respectively in East Godavari District. Writ Petition No.15029 of 2009 has been filed by the petitioner in Writ Petition No.12738 of 2009.
THE BACKGROUND FACTS:
The Corporation called for applications through notification for appointment of LPG Distributors in Razole and Malkipuram of East Godavari District. The petitioner in Writ Petition No.9925 of 2009 and respondent No.4 therein filed their respective applications for Razole LPG distributorship. The said area is reserved for women. The petitioner in Writ Petition No.12738 of 2009 and respondent No.5 therein applied for the distributorship of Malkipuram area. All the candidates have appeared for interview before the Dealers Selection Committee (for short "the Committee"). Obviously, on coming to know that respondents 4 and 5 in Writ Petition Nos.9925 and 12738 of 2009 respectively (for convenience hereinafter referred to as "the contesting respondents") were selected and about to be appointed as LPG dealers, the petitioners made separate representations, but with a common complaint, to the officials of the Corporation in April/June, 2009. Both the petitioners have brought to the notice of the officials of the Corporation that the contesting respondents have committed fraud, in collusion with the Branch Manager of the State Bank of India, ADB Branch, Razolerespondent No.3, by making fixed deposits of Rs.18.00 lakhs each in their respective names and drawing Rs.16.00 lakhs each by availing the overdraft facility on the said FDRs., on the same day. The petitioners stated in their representations that the marks given to the contesting respondents, on the premise of unencumbered fixed deposits, have to be deducted and they are liable to be disqualified for furnishing misleading information. It is the common grievance of the petitioners that their representations fell on deaf ears of the officials of the Corporation; and that the Public Information Officer & the Deputy General Manager (LUBES), APSO of the Corporation went to the extent of rejecting the application of the petitioner in Writ Petition No.9925 of 2009 for supply of the details of the application of the contesting respondent along with the documents filed by her, on the purported ground that they are personal documents and contain information of confidential nature. Left with no other alternative, the petitioners filed these two Writ Petitions for a Mandamus to declare that the action of respondents 1 and 2 in selecting and seeking to allot the LPG distributorship at Razole and Malkipuram areas to the contesting respondents is vitiated by arbitrariness and colourable exercise of power.
The petitioner in Writ Petition No.12738 of 2009 also filed Writ Petition No.15029 of 2009 for a Mandamus to declare the inaction of respondents 1 and 2, i.e., State Bank of India (for short "the Bank") and it's Branch Manager at Razole, in initiating criminal proceedings against respondents 4 and 5 for their criminal and fraudulent acts of forgery, falsification of accounts, fabrication of false evidence and also in initiating departmental/disciplinary proceedings etc., as illegal and arbitrary.
Of the two Writ Petitions filed questioning selection of the contesting respondents, Writ Petition No.9925 of 2009 was filed first. On 6-5-2009 this Court, while issuing notice before admission, adjourned the Writ Petition on the request of the learned Standing Counsel for the Corporation to enable him to file counter-affidavit and also to enable the Corporation to communicate the orders, if any, passed on the representation of the petitioner. Writ
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