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DEVASHIS BARUAH
Riu Enterprise a partnership firm duly rep. By one of its partner Sri Bhaskar J. Gogoi, Son Of Sri Bolu Ram Gogoi – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the Petitioner challenging the order dated 03.07.2019 whereby the Respondent i.e. Indian Oil Corporation Ltd. had blacklisted the Petitioner along with its crew for 2 (two) years w.e.f. 03.07.2019 under Clause 8.1 a (i) and Clause 8.2.2.8 of Oil Industry Transport Discipline Guidelines (OITDG).
2. The facts involved in the instant case is that a show cause notice was issued to the Petitioner on 11.05.2019 thereby asking the Petitioner to show cause within 15 days as to why the Petitioner should not be placed in the “Holiday List” and be debarred from entering into any contracts with Indian Oil Corporation Ltd./be not de-listed from the list of approved Vendors/Contractors of Indian Oil Corporation Ltd. The reason for issuance of the show cause notice was that on 09.05.2019, SRN TTL No.NL02Q5450 entered Digboi Refinery for unloading the SRN which was dispatched from Guwahati Refinery on 20.04.2019. During routine checking of the vehicle, high quantity of water was observed on the top platform/box. The vehicle was detained and subsequently checked in presence of the driver on the next day i.e. on 10.05.2019. Upon checking again
The procedural fairness and reasonableness of the actions cannot be called into question as due opportunity was given to the Petitioner.
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 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.
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
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