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NITIN JAMDAR, S. MANU
S. Baby Girija – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT :
S.MANU, J.
The Petitioner in W.P.(C)No.36046/2024 has filed this appeal aggrieved by the dismissal of the writ petition by the judgment dated 12 November 2024, passed by the learned Single Judge. Appellant approached this Court seeking to quash Exts.P2 and P3 and allied reliefs.
2. Appellant had entered into a dealership agreement with Indian Oil Corporation Ltd. on 21 June 2002. She was engaged as a dealer of a Petroleum retail outlet at Jagathy, Thiruvananthapuram District. The Corporation received a complaint from one Harisankar in October 2020 regarding the management and operation of the retail outlet. A show-cause notice was issued to the Appellant on 21 January 2022. The notice was issued after a committee nominated by the competent authority of the 1st Respondent company made enquiries regarding the allegations. The Appellant submitted a reply dated 5 February 2022. After examining the reply of the Appellant, the 2nd Respondent issued a show-cause notice for termination to the Appellant on 29 September 2022. In the show-cause notice, various factual aspects which prompted the company to proceed with termination of the dealership and the response offered by the Appel
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 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 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....
The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
The court emphasized that termination of business agreements requires adherence to principles of natural justice, including the right to a personal hearing, and that mere allegations without substant....
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