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2020 Supreme(P&H) 1548
IN THE HIGH COURT OF PUNJAB AND HARYANA
Anil Kshetarpal, J.
Meena Yadav - Appellant
Versus
Hindustan Petroleum Corporation Limited And Others - Respondent
Civil Writ Petition No. 2829 of 2020
Decided On : 09-11-2020
Sandeep Verma, Advocate, Raman Sharma, Advocate, Amit Jhanji, Advocate
The main legal point established is the importance of authorized procedures, principles of natural justice, and the absence of a statutory grievance redressal forum in decision-making by public sector undertakings.
Headnote:
Constitution's vision of justice - Public Sector Undertaking - Constitution of India - Article 14, Article 12 - [Article 14, Article 12, Right to Information Act, 2005, Ministry of Road Transport and Highways guidelines] - The court discussed the constitutional vision of justice enshrined in Article 14 and the rights of public sector undertakings. It highlighted the principles of natural justice and the importance of accountability in decision-making. The court also emphasized the need for authorized procedures and the role of guidelines in evaluating site suitability for fuel stations.
Fact of the Case:
The petitioner sought to quash the communication declaring her ineligible for a fuel station allotment due to an unauthorized median cut near the proposed site. The court considered the legality of the decision and the petitioner's lack of opportunity to explain her position.
Finding of the Court:
The court found that the decision to disqualify the petitioner based on the unauthorized median cut was wrong and violated principles of natural justice. The court also rejected the argument of an alternative remedy, emphasizing the violation of natural justice and the absence of a statutory grievance redressal forum.
Issues: The issues involved the legality of disqualifying the petitioner based on an unauthorized median cut, the lack of opportunity for the petitioner to explain her position, and the applicability of alternative remedies.
Ratio Decidendi: The court held that the decision to disqualify the petitioner was wrong due to the unauthorized median cut and the violation of principles of natural justice. The court also emphasized the absence of a statutory grievance redressal forum and the violation of natural justice.
Final Decision: The writ petition was allowed, and the communication declaring the petitioner ineligible was set aside/quashed, allowing the respondent-Corporation to proceed in accordance with the law.
JUDGMENT
Anil Kshetarpal, J. - Constitution's vision of justice enshrined in Article 14 of the Constitution of India provides that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India". Basis structure of the Constitution provide that there shall not be any discrimination between any one including the haves and have-nots. With such cherished vision, the Constitution was adopted by the Constituent Assembly on November 26th, 1949. Fundamental rights are enlisted in Part III of the Constitution which starts with Article 12 defining "the State" so as includes not only the authorities of Central and State governments but also takes within its sweep all local or other institutions controlled by the governments. The public servants or officials of the public sector undertaking enjoy immense discretion while distributing state's largesses. No doubt public sector undertaking are manned by human being who are not infallible, however when the decisions so taken are found entirely arbitrary and unconscionable, then the Court is compelled to make certain observations. With the authority and power to decide comes a big responsibility to decide correctly. Unless the institutions hold such person(s) who have been conferred such authority accountable for their patently arbitrary and unconscionable decisions, it is becoming difficult to rein in. In the present case, it has been found that the impugned decision taken falls in aforesaid category. The petitioner herein is pitted against wife of a politician who was a Minister in the State Government. This Court leaves it to the respondent -oil company to take suitable steps.
2. Through this writ petition filed under Article 226 of the Constitution of India, the writ petitioner prays for issuance of a writ in the nature of certiorari, quashing the impugned communication dated 17.08.2019 declaring her ineligible for the allotment of the retail outlet dealership (Fuel Station) under Hindustan Petroleum Corporation (hereinafter referred to as "the Corporation").
3. In the considered view of this Court, the following questions need adjudication:-
1) Whether it is appropriate for a Public Sector Undertaking to cancel the letter of intent for allotment of a Fuel Station for the reason which is not attributable to the successful applicant apart from being illegal and unauthorized?
2) Whether the order resulting in cancellation of the letter of intent passed in violation of the principles of natural justice is sustainable?
FACTS:
4. The respondent No.1-Corporation issued an advertisement on 25.11.2018 inviting applications for the allotment of retail outlet proposed to be set up at various locations identified by it. In this case, location identified is within 1 Km. from Gopal Dev Chowk on Rewari Narnaul Road NH-11. The petitioner submitted an application under "DC/"B" category alongwith requisite fee of Rs. 10,000/-. This category denotes that it is a dealer owned site. It is permissible that the land/site may be owned by the applicant or his or her family members as specified in the brochure of Selection of Dealers for Regular and Rural Retail Outlets. In the application the detail of the land offered for setting up of retail outlet was disclosed. A draw of lots was held on 30.01.2019 and the petitioner turned out to be lucky. Two communications in this regard were forwarded to the petitioner on 30.01.2019 (Annexure P3 & P4) informing her of the result of draw of lots with a request to remit a sum of Rs. 50,000/- towards initial security and submit a set of documents specified viz a copy of documents of ownership/lease rights of the land offered for setting up of the fuel station and a sketch of the offered land with the dimensions. The petitioner did comply with the requirements as directed within the prescribed period. Vide communication dated 27-02-2019, the petitioner was intimated that the Land Evaluation Committee will visi
