HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1118 of 2014 Date: 09.09.2014 Between:
Poleni Yadaiah @ Poleni Yadagiri Rao … Appellant And The Hindustan Petroleum Corporation Ltd., Mumbai & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1118 of 2014 JUDGMENT: (Per the Hon’ble Sri Justice Sanjay Kumar) The petitioner in W.P.No.14221 of 2013 filed this appeal aggrieved by the order dated 02.04.2014 passed by the learned Single Judge dismissing the writ petition.
Brief facts relevant for the purpose of this order are as under. The appellant was selected by the Hindustan Petroleum Corporation Limited (for short, ‘the Corporation’) for award of a retail outlet dealership. His candidature was considered on the basis of a certificate produced by him showing that he had experience in petroleum retail outlet operation, having worked in M/s. Sri Venkateswara Filling Point, IOC Dealer, Gajwel, Medak District, from September 2005 to December 2006. It was on the basis of this certificate that he was awarded extra marks whereby he stood first in the merit list. However, the proprietor of M/s. Sri Venkateswara Filling Point, IOC Dealer, Gajwel, Medak District, certified that the document produced by the appellant before the Corporation was not issued by him and that it was not genuine.
Upon thorough investigation into this issue, the Corporation cancelled the award of dealership in favour of the appellant under its proceedings dated 28.03.2013. The said proceedings were the subject matter of challenge before the learned Single Judge. Perusal of the said proceedings reflects that despite giving the appellant an opportunity to attend the enquiry so as to disprove the claim of the proprietor of M/s. Sri Venkateswara Filling Point, Gajwel, Medak District, he did not choose to attend the same. The proceedings specifically reflect the fact that the appellant informed the Investigating Officer that he was on his way to the Corporation office, but failed to come even after two hours. As the proprietor attended the said enquiry and confirmed that the experience certificate produced by the appellant was not issued by him, the Corporation acted upon the same and cancelled the selection of the appellant for award of the subject dealership. Duly considering all these facts, the learned Single Judge dismissed the writ petition. We find no reason to interfere with this order as no explanation is forthcoming even now as to why the appellant failed to attend the enquiry.
The appeal is devoid of merit and the same is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 09.09.2014 ES