Court No. - 29
Case :- WRIT - C No. - 19333 of 2019 Petitioner :- Atul Kumar Gupta Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Sanjay Maurya Counsel for Respondent :- A.S.G.I.,Vikas Budhwar
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Deepak Kumar Jaiswal, learned counsel for the petitioner and Sri Vikas Budhwar, learned counsel for the respondents No.2 and 3.
The petitioner was selected for the Retail Outlet dealership between kilometer milestone 270 and 290 on Lucknow Gorakhpur Highway, NH-27 (Old NH-28) under the open category. Subsequently, by an order dated 04.05.2019, the petitioner has been informed that he has not been found eligible for the dealership on the basis of the documents submitted by him.
It is submitted on behalf of counsel for the respondent Mr. Vikas Budhwar that the petitioner is having an efficacious, statutory, alternative remedy available to approach the Corporation as per Clause-18 of the brochure issued by the Corporation.
Clause 18 of the brochure for selection of dealers for Regular and Rural Retail Outlet provides that a complaint with regard to the selection of dealership can be made before the competent authority along with a bank draft of Rs. 5,000/-.
Relevant portion Clause 18 of the brochure is reproduced below:-
"Any complaint should be accompanied by a fee of Rs. 5000/-, only in the form of demand draft of schedule bank, in favour of the Oil Company. Any complaint received without this fee will not be entertained. The complaint received against the selection including eligibility will be disposed off as under:-
(i) Complaints received before or after draw of lots/bidding process along with requisite fee of Rs. 5000/-, will be kept in record and investigation carried out after 30 days of Draw of Lots/bidding process only in following cases:-
* General complaints with verifiable facts
* Complaints against selected candidate
(ii) Any complaint received after 30 days from the date of draw of lots/bidding process will not be entertained.
(iii) Representation from applicants against rejection of his/her candidature will be verified and disposed of immediately by the Divisional/Regional Head/Territory Manager before proceeding to next stage. For such cases, fee of Rs.5000/- will not be applicable."
In view of the same, the writ petition is disposed off with the direction to the petitioner to make a fresh comprehensive representation ventilating all his grievances before the respondent No.3 along with certified copy of this order within a period of two weeks from today. In case any such representation is filed, the respondent No.3 shall consider and decide the same and shall pass appropriate order after giving due opportunity of hearing to the petitioner within a further period of six weeks.
The writ petition is disposed off. Order Date :- 30.5.2019 Nirmal