HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.34473 OF 2014 Date: 21.11.2014 Between :
Santosh Kumar Mamidi S/o. Samiyel, Aged about 30 years, Occu: Unemployee, R/o. H.No.12-19-20/2A, Topof Sub Post Office, Narsaraopet, Guntur District.
….. Petitioner And Bharath Petroleum Corporation Limited, rep.by its Territory Manager, LPG Bottling Plant & Territory Office, Pinapaka Village and Post, G.Konduru Mandal, Kondapalli, Vijayawada Rural, Krishna District.
….. Respondent This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.34473 OF 2014 ORDER:
Respondent Corporation along with two other Corporations issued open advertisement on 15.09.2013 calling for enlistment of LPG Distributorship at various locations in the erstwhile State of Andhra Pradesh. One of the location notified was at Ponnur in Guntur District and the same was reserved for the persons belonging to Scheduled Caste category. Petitioner responded to the said notification. In the scrutiny of applications, having found that the application submitted by the petitioner is valid, he was short listed for subjecting to selection process by way of draw of lots and the short listed candidates were informed of the requirement to appear on the date when the draw of lots would take place. Draw of lots were held on 15.10.2014. In the draw of lots conducted on 15.10.2014, petitioner was not successful and some other candidate was selected. Alleging that draw of lots were not conducted in transparent and fair manner, petitioner filed complaint on 04.11.2014, which complaint is pending consideration by the respondent corporation.
2. This writ petition is instituted alleging that this complaint is not acted upon and on the contrary, respondent is finalizing the selections to award distributorship to the selected candidate. Counsel for the petitioner contends that there were several illegalities, such as, even though some candidates did not attend the draw of lots, their applications were also placed for draw of lots in the box; though intimation given to the candidates clearly prescribed that there cannot be proxy representation, some candidates were presented by proxies and they were communicating with the people outside and, therefore, the draw of lots were not conducted in fair and proper manner.
3. The selection of dealers are governed by the guidelines on Selection of Regular LPG Distributorship notified by the respondent corporation along with two other corporations. According to para-13 of the guidelines, the respondent corporation provides grievance/ complaint redressal system. Any person aggrieved by the selections can file a complaint by depositing an amount of Rs.1,000/-. In terms of the said clause, petitioner has filed complaint by depositing the amount as specified. Whenever such complaint is filed before selections are finalized, respondent-corporation looks into the complaint, if necessary enquiries into the complaint and takes a decision after verifying the facts. In the instant case, apparently the complaint is yet to be considered and disposed of.
4. Learned standing counsel does not dispute the fact that the complaint is not disposed of so far.
5. Having regard to the fact that redressal mechanism is incorporated into the guidelines, it is mandatory for the respondent corporation to consider the grievance of the petitioner and take a decision as warranted in accordance with the guidelines. Thus, the respondent corporation shall attend to the grievance of the petitioner dated 04.11.2014, consider the same and pass appropriate orders as warranted by law and communicate the same to the petitioner before the finalization of selections and awarding of dealership in Ponnure location of Guntur District.
6. With the above observations, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 21.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.34473 OF 2014 Date: 21.11.2014 Kkm