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SANJAY KUMAR MEDHI
Suman Ahmed – Appellant
Versus
Union Of India, rep. By The Secretary To The Ministry Of Petroleum – Respondent
JUDGMENT :
1. The writ jurisdiction of this Court conferred by Article 226 of the Constitution of India has been sought to be invoked by this present petition. The petitioner is aggrieved by a communication dated 25.11.2019 by which his dealership of an oil station was terminated. The petitioner contends that such termination is in gross violation of the principles of natural justice and is otherwise unsustainable in law.
2. Before going into the issues involved, the brief facts of the case are narrated hereinbelow.
3. The petitioner is the dealer of oil pump station in the name and style M/s Dulal Sales & Service Station, Ruposhi in the district of Dhubri. The petitioner had opened the said dealership of IOCL in the year 2008 and claims to be operating the retail outlet to the full satisfaction of all concerned and without any complaint. On 29.03.2018, an inspection was carried out by a team of IOCL official belonging to the Anti Adulteration Cell (AAC). On such inspection, some additional unauthorized fitting like “Double Metallic Gear” in MIDCO mechanical dispensing unit was allegedly found, which the petitioner had denied.
4. Thereafter, on 24.04.2018, the IOCL authority sought
The principle of adherence to the principles of natural justice and the justification of termination based on the dealer's involvement in malpractices.
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....
The mere presence of a double gear in a dispensing unit does not justify the termination of dealership without evidence of intent to manipulate fuel delivery.
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....
Dealership - Allotment of retail outlet - Rule of exclusion of writ jurisdiction by availability of alternative remedy is rule of discretion and not one of compulsion - Inspite of availability of alt....
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