2013 Supreme(Kar) 716
High Court of Karnataka
A.N. VENUGOPALA GOWDA, J.
Ms. Rajeshwari
Versus
M/s. Hindustan Petroleum Corporation Ltd., represented by its Managing Director, Mumbai & Others
Writ Petition No. 34853 of 2010 (GM-RES)
Decided On : 08-11-2013
For the Petitioner:R. Subramanya for M/s. Ashok Haranahalli Associates, Advocates.
For the Respondents:R1 to R3, Mallikarjun C. Basareddy, R4, Dayanand S. Patil, Advocates.
Adherence to the principles of natural justice, including the right to be heard and the issuance of a show cause notice, is essential in decision-making processes that affect the rights of the parties involved.
Headnote:
Arbitrary Selection - LPG Distributor - W.P.No.1737/2009, W.A.No.156/2010 - The court discussed the violation of principles of natural justice, lack of show cause notice, and the need for adherence to the directions in W.P.No.1737/2009 and the principles of natural justice. The court quashed the impugned communication and directed the issuance of a show cause notice and a personal hearing for the petitioner.
Fact of the Case:
The petitioner filed a writ petition to quash certain communications and decisions made by the respondents regarding the selection of an LPG distributor.
Finding of the Court:
The court found that the respondents had acted arbitrarily and illegally in the selection process, and the petitioner was not given an opportunity to be heard. The court quashed the impugned communication and directed the issuance of a show cause notice and a personal hearing for the petitioner.
Issues: Violation of principles of natural justice, lack of show cause notice, arbitrary selection of LPG distributor.
Ratio Decidendi: The court emphasized the importance of adhering to the principles of natural justice, granting an opportunity of being heard, and issuing a show cause notice before making decisions that affect the rights of the parties involved.
Final Decision: The writ petition was allowed, the impugned communication was quashed, and the respondents were directed to issue a show cause notice to the petitioner and grant a personal hearing within a specified time frame.
1. W.P.1737/2009 filed by the petitioner to quash Annexures - F & H, upon consideration was allowed on 23.01.2009 and the impugned communications therein were quashed. However, liberty was reserved to respondents 1 & 2, to issue notice to the petitioner, hear and pass appropriate order in accordance with law. The said order has attained finality. Respondents 1 & 2 having taken a decision contrary to the interest of the petitioner, seeking quashing of a letter dated 10.03.2009 as at Annexure-L and another letter dated 12.03.2009 as at Annexure-M, W.P.No.7503/2009 was filed and the same was disposed of on 16.11.2009 vide Order at Annexure-P. Feeling aggrieved the petitioner filed W.A.No.156/2010. The appeal was allowed, the impugned order passed by the learned Single Judge was set aside and Annexures - A, B & J to W.P.No.1737/2009 were quashed and the official respondents were directed to strictly adhere to the directions issued by the learned Single Judge in W.P.No.1737/2009 vide Annexure-J. The process was directed to be completed within three months from the date of receipt of copy of the order. Petitioner was notified on 28.05.2010 vide Annexure-R to appear in person before the 2nd respondent for a personal hearing and to submit her grievance on 10.06.2010. The petitioner submitted a representation as per Annexure-S. Respondents 1 and 2 having held that the grievance of the petitioner is not established and the matter having been closed as per the communication dated 15.07.2010 vide Annexure-A, this writ petition has been filed to quash the said decision and also the consequential communications dated 26.07.2010 vide Annexures - B & C.
2. Sri Subramanya R., learned advocate for the petitioner contended that the Order as at Annexure-J and the Judgment as at Annexure-Q having become final, respondents 1 and 2 have acted arbitrarily and illegally in the matter of selection of respondent No.4 as the LPG distributor for Channarayapatna and in issuing the communications as at Annexures - A & B. Learned counsel submitted that the petitioner was not issued with any show cause notice indicating the reasons for deletion of her name from the merit list and in the circumstances, interference is warranted.
3. Sri Mallikarjun C. Basareddy, learned advocate appearing for respondents 1 to 3, by making a reference to the statement of objections filed on 21.03.2011, contended that there being compliance with the order passed vide Annexure-J, which was reiterated in the Judgment as at Annexure-Q, the petitioner having not suffered any injustice, since her grievance was investigated and found to be devoid of merit, writ petition deserves to be dismissed.
4. Sri Dayanand S. Patil, learned advocate appearing for the 4th respondent, the selected candidate, by referring to the statement of objections filed on 14.09.2011 submitted that in pursuance of the Order as at Annexure-B, the 4th respondent is carrying on the business of distribution of LPG and hence, the petitioner is not entitled to any relief.
5. Perused the writ petition record.
6. W.P.No.1737/2009 was allowed on 23.01.2009 vide Order at Annexure-J, mainly on the ground that, prior to the cancellation, the petitioner was not granted an opportunity of hearing and that there is violation of principles of natural justice. However, the respondents were granted the liberty to issue notice and then pass appropriate orders after hearing the petitioner.
7. In the second round of litigation, W.A.No.156/2010 decided on 12.04.2010, taking note of the developments which have taken in the matter including the issuance of dealership/distribution to the 4th respondent, while allowing the writ appeal and the writ petition, it was found as follows:
"5. On perusal of the record, we note that the selection of the present appellant on 21.2.2008 still remains as it was not quashed or modified or altered by order of any of the Courts. On the other hand, on her approaching the Court the direction was gi