High Court Kerala High Court

Sajunath K.S. vs Union Of India on 29 November, 2010

Kerala High Court
Sajunath K.S. vs Union Of India on 29 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35912 of 2009(H)


1. SAJUNATH K.S., AGED 39, S/O.SOMANATH,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY ITS
                       ...       Respondent

2. INDIAN OIL CORPORATION LIMITED,

3. THE DEPUTY GENERAL MANAGER (L.P.G.)

                For Petitioner  :SRI.K.P.DANDAPANI (SR.)

                For Respondent  :E.K.NANDAKUMAR

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :29/11/2010

 O R D E R
                        P.N.RAVINDRAN, J.
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                     W.P(C).No.35912 of 2009
               -----------------------------------------
           Dated this the 29th day of November, 2010

                             JUDGMENT

Pursuant to a notification issued by the Indian Oil

Corporation Limited, the petitioner, a scheduled caste candidate,

applied for LPG distributorship. The petitioner was selected and

appointed as LPG Distributor at Kelakom in Kannur District.

Thereupon Ext.P2 letter of intent was also issued on 26.2.2009.

Later on the ground that the petitioner had suppressed the fact

that his wife is a partner of a firm which is an LPG Distributor of

Indian Oil Corporation Ltd., the letter of intent was withdrawn by

Ext.P13 letter dated 2.12.2009 and the petitioner was declared

ineligible for award of distributorship. Ext.P13 is under challenge

in this writ petition.

2. Though a large number of contentions are raised in this

writ petition, when the writ petition came up for final hearing

today, Sri.K.P.Dandapani, learned Senior Advocate, appearing for

the petitioner submitted that before Ext.P13 was issued and the

letter of intent was withdrawn the petitioner was not put to notice

W.P(C).No.35912 of 2009
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or given an opportunity to explain the allegation that his wife is a

partner of a firm “Deepam Indane Services” at Sreekantapuram in

Kannur district. The learned Senior Advocate submitted that the

petitioner has filed a criminal complaint evidenced by Ext.P9 in the

Court of the Judicial Magistrate of First Class, Taliparamba alleging

that the partners of the said firm have falsely created a

partnership deed showing his wife also as a partner, that the said

complaint was referred to the Police for investigation under

section 156(3) of the Code of Criminal Procedure, that the Police

have registered a crime and that the case is being investigated.

The learned Senior Advocate submitted that the circumstances

under which the partnership deed, which is relied on in Ext.P13,

came to be executed have been adequately explained in Ext.P9

complaint and that if the third respondent, who issued Ext.P13,

had given the petitioner an opportunity of being heard or put him

on notice, the petitioner should have explained the circumstances

under which the said partnership deed came to be in existence.

The learned Senior Advocate submitted relying on Ext.P8 that as a

matter of fact it was on the advice of the Senior Area Manager of

the Indian Oil Corporation that Ext.P9 complaint was filed. The

learned Senior Advocate submitted that in such circumstances it is

W.P(C).No.35912 of 2009
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only just and proper that the petitioner is afforded an opportunity

to meet the allegations in Ext.P13.

3. Sri.E.K.Nandakumar, learned counsel appearing for

respondents 2 and 3 submitted that it was because the petitioner

had suppressed the fact that his wife is a partner of a firm which

is an LPG Distributor of Indian Oil Corporation Ltd., that the letter

of intent was withdrawn and that such withdrawal of the letter of

intent was under clause 17 of the application form wherein the

petitioner had declared that he has not concealed any material

fact. Learned counsel appearing for respondents 2 and 3

submitted that it is not the practice of the Indian Oil Corporation

to issue notice and hear the applicant before a letter of intent is

cancelled.

4. I have considered the rival submissions made at the Bar

by the learned counsel on either side. It is evident from Ext.P8

letter issued by the Senior Area Manager of the Indian Oil

Corporation Limited that the said officer had advised the petitioner

to file a complaint against the individual who had allegedly forged

and fabricated the partnership deed and submit a copy of the FIR

for the records of the Indian Oil Corporation. The petitioner

accordingly filed Ext.P9 complaint before the Judicial First Class

W.P(C).No.35912 of 2009
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Magistrate, Taliparamba, which was referred to the Police for

investigation under section 156(3) of the Code of Criminal

Procedure. Ext.P10 FIR was thereupon registered alleging various

offences under the Indian Penal Code against Sri.Benny

Augustine, son of Augustine and Smt.Celine, W/o.Benny

Augustine. The petitioner has in Ext.P9 complaint also referred to

the fact that there were no transactions between the petitioner

and the accused in the said crime. He has also given an

explanation as to why such a partnership deed was brought about.

In such circumstances I am of the opinion that the third

respondent ought to have put the petitioner on notice about the

proposal to cancel the letter of intent and afforded him an

opportunity to state his case. That having admittedly not being

done I am of the opinion that the second respondent should

reconsider the matter.

I accordingly allow the writ petition, quash Ext.P13 and

direct that in the event of the petitioner filing an appropriate

representation before the third respondent within two weeks from

the date of receipt of a certified copy of this judgment, the said

officer shall, if he is the competent authority, consider the same

and pass an appropriate order thereon in accordance with law. If

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the third respondent is of the opinion that he is not the competent

authority to take a decision in the matter he shall forward the

representation to the competent authority within one week from

the date of receipt of such representation and the competent

authority shall take a decision thereon in accordance with law. A

final decision in the matter shall be taken expeditiously and in any

event within one month from the date on which the third

respondent or the competent authority receives the

representation. Needless to say, the competent authority shall

also afford the petitioner an opportunity of being heard in person

before a decision is taken in the matter.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

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W.P(C).No.35912 of 2009

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JUDGMENT

29th November, 2010