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IN THE HIGH COURT AT CALCUTTA
T.S.SIVAGNANAM, C.J., HIRANMAY BHATTACHARYYA
Ashab Enterprise – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This intra Court appeal is at the instance of the writ petitioners and is directed against the Judgment and Order dated 05.04.2024 passed by the learned Single Judge in WPA 28170 of 2023.
2. The appellants herein approached the Writ Court praying for setting aside the order of blacklisting dated 15.05.2023 and the order of termination dated 21.11.2023 both issued by the 3rd respondent herein and for issuance of a mandamus to command the respondents to allow the appellants to continue as transporter in terms of the agreement dated 20.02.2019.
3. The writ petition stood dismissed by the impugned judgment and order.
4. Facts giving rise to the writ petition, in a nutshell, are as follows.
5. The 1st appellant came out successful in the tender floated by Hindustan Petroleum Corporation Ltd (for short "HPCL"), being the 1st respondent herein for transportation of bulk petroleum products by road from ex-Haldia Terminal. A provisional Letter of Acceptance (for short "LOA") was issued by the respondents on 11.02.2019 for the contractual period from 01.03.2019 to 29.02.2024. An agreement was entered into between the parties on 20.02.2019. As per the provis
The corporation's decision to blacklist the entire fleet upon finding a duplicate dip rod in one truck was justified as per the transport discipline guidelines, emphasizing strict liability for viola....
The main legal point established is that a valid show cause notice for imposing the penalty of blacklisting the entire fleet of TTs must clearly inform the noticee about the possibility of such penal....
The procedural fairness and reasonableness of the actions cannot be called into question as due opportunity was given to the Petitioner.
Administrative decisions must be reasoned and justified; failure to provide such reasoning can lead to judicial intervention.
The termination of the petitioner's dealership was valid as the petitioner was afforded sufficient opportunity of hearing, the order of termination was not unreasoned or cryptic, the authority of SGS....
Termination of dealership without adhering to procedural guidelines and principles of natural justice is unlawful.
The admission of tampering with locks justified the blacklisting and imposition of damages, and comparisons with other cases did not support the appellant's claim of discrimination.
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