High Court Kerala High Court

Deepthi.P vs Hindustan Petroleum Corporation … on 25 March, 2009

Kerala High Court
Deepthi.P vs Hindustan Petroleum Corporation … on 25 March, 2009
       

  

  

 
 
  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.
                 ------------------------------------
                   W.P.(C)No. 7424 OF 2009
               ----------------------------------------
               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