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HARISANKAR V. MENON
S. BABY GIRIJA W/O LATE BABU C. – Appellant
Versus
INDIAN OIL CORPORATION LIMITED – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
1. The petitioner, who has been engaged in trading in petroleum products pursuant to a dealership from the 1st respondent herein under the “social objective scheme” has filed the captioned writ petition challenging Ext.P2 proceedings by which the dealership should be terminated.
2. The petitioner points out in this writ petition that she was engaged as a dealer pursuant to Ext.P1 agreement dated 21.06.2002 and that she has been running the outlet thereafter. A show cause notice dated 29.09.2022 was issued to the petitioner, proposing the termination of the dealership. The essential allegations, as per the said notice, are with reference to a complaint received from a third party to the effect that the petitioner had issued a power of attorney in favour of another person, and, therefore, the petitioner was not the person running the retail outlet. To the afore notice, the petitioner submitted detailed objections dated 12.10.2022 as evidenced by Ext.P4. Later, a personal hearing was provided to the petitioner on 21.03.2023 at the State office of the 1st respondent herein. The petitioner was heard by one Sri. Sanjib Kumar Behera, Chief General Manager o
The court affirmed that in institutional hearings, the principle that the one who hears must also decide is not absolute, provided the decision-making process is fair.
The court affirmed that in institutional hearings, the principles of natural justice are satisfied even if the decision is made by a different officer than the one who conducted the hearing.
The court affirmed that procedural irregularities do not invalidate decisions unless actual prejudice is demonstrated, emphasizing the importance of institutional decision-making in administrative la....
The main legal point established in the judgment is that the decision-making process must adhere to the principles of natural justice, and any order carrying civil consequences must be made consisten....
A writ of mandamus is discretionary and cannot be issued if the petitioner has suppressed material facts, reflecting abuse of judicial process; clear legal rights must be established for relief.
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