IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7424 of 2009(W)
1. DEEPTHI.P, W/O.SREENATH P.K.,
... Petitioner
Vs
1. HINDUSTAN PETROLEUM CORPORATION LTD.
... Respondent
2. THE REGIONAL MANAGER
3. ZONAL MANAGER (L.P.G)
For Petitioner :SRI.S.V.BALAKRISHNA IYER (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :25/03/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 7424 OF 2009
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Dated this the 25th day of March, 2009
JUDGMENT
The petitioner was an applicant for award of LPG dealership
by the 1st respondent. In the interview, the petitioner scored the
highest marks. However, she was not granted the dealership. It
is under the above circumstances the petitioner has approached
this Court.
2. The learned Standing Counsel for the respondents
submits that the respondents do not conduct the verification of
the facts stated in the application submitted by the petitioner
before the interview. It is only after the selection that the
verification of the particulars given in the application form is
being made. Accordingly, after the interview, the veracity of the
details given by the petitioner in the application form has been
verified and it was found that certain particulars given by the
petitioner in respect of her income were not correct. Pursuant to
the same, the petitioner was disqualified and that is why the
petitioner was not awarded the dealership is the contention of the
W.P.(C)No.7424/09 2
respondents.
3. I have considered the rival contentions in detail.
4. The petitioner has her own explanation for the
discrepancy alleged by the Company. But I am not going into
that question now. After having been successful in the
interview, when the petitioner is sought to be disqualified on
the ground that particulars given in her application are not
correct, I am of opinion that the petitioner is entitled to a
chance to explain the discrepancy and defend her application.
Admittedly, such an opportunity had not been given to the
petitioner. In the above circumstances, I dispose of this writ
petition with the following directions:
The 2nd respondent shall issue a notice to the petitioner
detailing the grounds on which the petitioner is sought to be
disqualified. On receipt of the notice, the petitioner shall file
her objections to the same within the time stipulated in the
notice. The 2nd respondent shall then offer an opportunity of
being heard to the petitioner and pass an order, which shall be
communicated to the petitioner. Till then, the award of the
dealership shall not be finalised.
S. SIRI JAGAN, JUDGE
Acd
W.P.(C)No.7424/09 3