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SUSMITA PHUKAN KHAUND, SANDEEP MEHTA
Indian Oil Corporation Ltd. – Appellant
Versus
Nibedita Roy, W/o Sisir Kumar Roy – Respondent
JUDGMENT :
The instant intra-Court writ appeal is preferred by the appellant Indian Oil Corporation Ltd. (IOCL) for assailing the order dated 29.03.2018 passed by the learned Single Bench accepting the writ petition, being WP(C) No.3567/2013, preferred by the respondent/writ petitioner against the termination of her Petroleum Retail Outlet dealership vide order dated 20.09.2012 as well as the order dated 22.05.2013 rejecting the appeal preferred against the order of termination of dealership.
2. The facts in nutshell relevant and essential for disposal of the writ appeal are noted hereinbelow.
The respondent/writ petitioner was awarded with the dealership of a retail outlet by the Indian Oil Corporation Ltd. (IOCL) at Silchar town vide order dated 27.11.1993, in pursuance whereof she established a petrol pump in the name and style of M/s. Sardamani Filling Concern at Tarapur area of Silchar town in the district of Cachar. The Dispensing Unit (DU) of the petrol pump required periodical re-calibration. The respondent/writ petitioner wrote a letter dated 28.11.2011 to the Legal Metrology Department (Weights and Measures Department) [W&M Department] informing the authorities that re-calib
The main legal point established in the judgment is the application of the principles of natural justice and the limitations of the High Court's jurisdiction in re-appreciating evidence.
Termination of dealership can be justified under critical irregularities per Marketing Discipline Guidelines when seals are tampered, reinforcing limited scope of judicial review.
The court emphasized the necessity of adhering to principles of natural justice in administrative actions, ruling that reliance on undisclosed evidence rendered the termination of the dealership arbi....
Consideration of the petitioner's defense and the expert opinion of the OEM is crucial in dealership termination cases to ensure compliance with principles of natural justice.
The court upheld the termination of the dealership agreement based on the critical irregularities as per the Marketing Discipline Guidelines.
The presence of unauthorized fittings in a dispensing unit constitutes a breach of the dealership agreement, justifying termination of the dealership.
The court upheld the legality of dealership termination based on confirmed tampering evidence, affirming procedural fairness and adherence to natural justice principles, invalidating the petitioner's....
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