AMBA FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri, H.R. Misra, learned counsel for the petitioner, Sri Ashok Nigam, Additional Solicitor General of India assisted by Sri S.K. Mishra, Advocate and Sri Prakash Padia, Advocate, appearing for the Petroleum Corporation.

(2.) Petitioner before this Court was appointed as the agent for sale of oil and oil products of Indo-Burmah Petroleum Corporation Limited. The Retail Outlet of the petitioner was situated at Sant Ravidas Nagar (Bhadohi). A surprise checking at the Retail Outlet of the petitioner was carried out by a duly authorised Company namely M/s SGS India Private Limited on 30.8.2008. Marker Test was carried out in respect of high speed diesel oil available at the Retail Outlet which failed. The petitioner failed to produce Tank Lorry Sample (TT Sample). The petitioner on the same date was informed that the Marker Test of the sample would be held again on 05.09.2008 at the chemical laboratory, Mughalsarai. The petitioner was admittedly present at the time of second Marker Test carried out at Mughalsarai on 5.9.2008. In the Marker Test at the laboratory, the sample drawn from the outlet again failed. A report in that regard was also communicated to the petitioner and a notice was issued to explain as to why the agency of the petitioner be not terminated. The competent authority determined the agency of the petitioner under order dated 31.03.2009.

(3.) Not being satisfied, the petitioner filed an appeal in accordance with the Marketing Discipline Guidelines (effective from 01.8.2005) before the appellate authority. The appeal has also been dismissed by means of the order dated 04.11.2009. It is against these two orders that the present writ petition has been filed.