Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21853 of 2012 ====================================================== . Chanda Kumari W/O Shri Sanjay Kumar Singh R/O Vill-Dharnipatti Tola, Rasalpur, P.S.-Patori, Distt-Samastipur Versus .... .... Petitioner/s 1. The Hindustan Petroleum Corporation Ltd. 2. The Chairman Cum Managing Director, Hindustan Petroleum Corporation Ltd Registered Office,17, Jamshedji Tata Road, Mumbai- 400020 3. The Senior Regional Manager, LPG Regional Office, 6th Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, Patna-800001 .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 5 24-06-2013 Heard Mr.Upadhyaya, assisted by Mr. Dhanjay Kumar for the petitioner and Dr. Pankaj Kumar for the Respondent- Hindustan Petroleum Corporation Ltd. (for short „the Corporation‟). The Corporation is engaged in the business of refining, distributing and marketing of petroleum products through a network of dealership/distributorships across the country. A new business model for distributing LPG in rural areas was approved by the Ministry of Petroleum & Natural Gas, Govt. of India named as Rajiv Gandhi Gramin LPG Vitrak (RGGLV). Such distributor was required to be set up at different village levels. For selection and appointment of retailer under the said scheme, an advertisement (Annexure-1) was published by the Respondent Corporation. The issue raised in the present application is with respect to item no.40 of the said advertisement which pertains to village Dharnipatti within Mohanpur Block in the district of Samastipur. The petitioner was one of the applicants along with 2
Legal Reasoning
Patna High Court CWJC No.21853 of 2012 (5) dt.24-06-2013 2 / 5 others. Her candidature has been cancelled vide communications contained in annexure-2 and 4 on the ground that she did not hold her own land in the said village.
Legal Reasoning
Learned counsel for the petitioner has submitted that the authorities took the said view considering the fact that the land belonged to the family of the petitioner but was not mutated in her own name. Aggrieved thereby, she lodged the present application in this Court. While this matter was pending consideration, the Respondent Corporation after verification issued letter of intent (LOI) followed by letter of appointment (LOA) in favour of another applicant. An interlocutory application for addition of parties and for quashment of those communications/decisions was filed. In the rejoinder filed by the petitioner certain documents have been brought on record to demonstrate that the applicant(s) in whose favour LOI and LOA have been issued also do not hold land in his/their name(s). It is submitted that the said provision clearly contemplates that any information given by he applicant(s) shall be examined/verified and remedial measures can be taken by the competent/appropriate authority of the Respondent Corporation if those information(s) are false/incorrect. Referring to clause 19 and 20 of the Manual (Annexure-A to the counter affidavit) of the Respondent Corporation, it has been submitted that adequate provisions have already been made in the manual for raising such issue/grievance before the competent authority for redressal thereof. This Court may usefully extract hereinbelow clause 19 and 20 of the Manual which read thus:- “19.Grievance/complaint Redressal System Any complaint received against the selection of RGGLV will be disposed off as 3 Patna High Court CWJC No.21853 of 2012 (5) dt.24-06-2013 3 / 5 under:- 19.1. Anonymous complaints will normally not be investigated. 19.2. On receipt of a complaint a letter will be sent by the oil company to the complainant through Registered Post, asking him to submit details of allegations within a view to prima facie substantiate the allegations along with supporting documents, if any, within 30 days. While seeking documents and details, the complainant will be advised that if during the investigations complaint is found to be false and/or without substance the Oil Company reserves the right to take action against the complainant as provided under the law. 19.3. Head of State/Regional/Zonal office will examine the response of the complainant and if it is found that the complaint does not have specific and verifiable allegations, the same will be filed. 19.04. If a decision is taken to investigation the complaint, once officer not below the ran of„D‟ grade will be nominated by the Head of State/Regional/Zonal office to do the investigation and submit a report. Thereafter, decision on the complaint will be taken by the Head of State/Regional/Zonal office as under:- 19.4.1. Complaints not substantiated: The complaint will be filed and the 4 Patna High Court CWJC No.21853 of 2012 (5) dt.24-06-2013 4 / 5 complainant will be advised accordingly. 19.4.2. Established complaint. In case of established complaint, the complainant will be advised accordingly and suitable action should be taken. 20. False Information If any information furnished by the applicant is found to be false at any point of time before or after appointment as a RGGLV, the allotment shall be cancelled forthwith and RGGLV terminated in case commissioned. If RGGLV is terminated within 1 year of first commissioning for whatever reason, draw for selection of RGLV will be taken out as per procedure given in para 13 from the remaining qualified eligible candidates. IF RGGLV is terminated after 1 year of commissioning, the location will be re-advertised.” Learned counsel submits that the petitioner be permitted to raise the grievance/issue in this regard in accord with those provisions contained in the Manual before the competent authority of the Respondent Corporation who may be directed to examine the same in accordance with law. Learned counsel for the Corporation in view of aforesaid stand taken by the petitioner does not object to the disposal of the matter permitting the petitioner to raise the grievance/issue in accord with those provision(s) contained in the Manual before the competent authority of the Corporation. 5 Patna High Court CWJC No.21853 of 2012 (5) dt.24-06-2013 5 / 5 Having considered the submission(s) of the parties and on perusal of the materials on record this Court is satisfied that
Decision
the present application be disposed of by the following order:- Let the petitioner approach the Senior Regional Manager, LPG Regional Office (respondent no.3) by filing a representation detailing all relevant facts supported by documents in her possession together with a copy of the present order within two weeks whereafter the said respondent shall consider/examine the same in accordance with law and pass appropriate reasoned order as quickly as possible preferably within eight weeks of its filing/presentation. (Kishore Kumar Mandal, J) HR/-