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ANITA SUMANTH
K. K. Sathish Kumar – Appellant
Versus
Executive Director (Retail) Hindustan Petroleum Corporation Ltd. – Respondent
ORDER :
Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order in Ref.No. CBERO/MVR/RET dated 22.12.2020 passed by 3rd respondent, quash the same and consequently direct the respondents 1 to 4 to terminate the Retail Outlet Dealership issued to the 5th respondent for her act of playing fraud in getting the dealership and take necessary penal action, by considering the petitioner's representation dated 10.08.2020 and pass further or other orders as this Court deem it fit and proper in the circumstances of the case and thus render justice.
The petitioner has instituted this writ petition on 06.06.2022 challenging an order passed on 22.12.2020 (impugned order). The impugned order has been passed by the Hindustan Petroleum Corporation Limited (HPCL) rejecting the petitioner’s complaint levelling allegations as against R5 of impropriety in making an application for dealership for a petrol pump.
2. R5 had been awarded a Retail Outlet Dealership for a petrol pump at Thalavaipettai, Erode District (pump/petrol pump). R5 had applied under Open Category on 15.12.2010 and pur
A petitioner not participating in a selection process lacks locus standi to challenge a dealership, but deficiencies in the investigation warrant a fresh inquiry into the allegations.
The court upheld the rejection of the representation based on the well-reasoned and speaking order provided by the respondents, considering various factors such as RBI Guidelines, Selection Guideline....
The court's role in a writ petition is to ensure that the material does not suffer any illegality on the face of it and to consider the findings of the 1st respondent backed by proper reasons.
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....
Pending criminal charges do not disqualify candidates for dealership, especially for juveniles, unless formal charges are framed, emphasizing the protection of juvenile rights in selection processes.
There is no rule in the Corporation which allows renewal of terminated Distributorship on sympathetic grounds, especially in cases where Distributorship has been terminated on account of malpractices....
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