AMIT KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the order dated 3 February, 2014 issued by the Chief Area Manager, Indian Oil Corporation, Kolkata, the respondent No. 7 whereby his application for distributorship of LPG under Rajiv Gandhi Gramin LPG Vitrak Scheme at Bangalani, North 24 Parganas was not considered as he did not have sufficient financial capability on the date of application as specified in the advertisement seeking applications.

(2.) IT appears that after filing of an application, the petitioner was placed against serial number 86. Subsequently by letter dated 5th November, 2013 the authorities intimated that he had qualified for the draw of selection of distributorship which was to be held on 27th November, 2013 and was requested to be present. Later by a letter dated 28th November, 2013 he was informed that he had been selected in the 'draw of lots' and he was requested to submit a Demand Draft for 20,000/ - to enable the authorities to proceed further with regard to the selection. In the said letter it was also intimated that in view of clause 10(c) of the Brochure if during field verification it was found that any information given in the application was at variance with the original documents and that information affects the eligibility, the candidature would be cancelled and 10 per cent of the security deposit would be forfeited. Thereafter, the respondent No. 7 had issued the intimation dated 21st January, 2014 intimating that the application of the petitioner was not considered by the Competent Authority for further selection process as he did not have sufficient financial capability as on the date of application as specified in the relevant advertisement and 10 per cent of the security deposit was directed to be forfeited. The petitioner, thereafter, by letter dated 22nd January, 2014 addressed to the said respondent No. 7 requested to accept LIC.policy as a good substitute. Subsequently, the respondent No.7 had issued the impugned intimation dated 3rd February, 2014 which is as under: - ''To Shri Amit Kumar Biswas C/o. Shri Lakshman Chandra Biswas Vili - Bangiani, P,0. - Bagangram Dist - 24 Pgs (N) Pin - 743251 Dear Sir, Sub: Non -consideration of your candidature for selection of RGGLVat Bangangram, Krishnachandrapur, Patshimuiia, Bangiani, Rautara, Bhulat, Gram Panchayat: Sundarpur, Block: Bongaon, District - North 24 Paraganas This has reference to your letter dated 22.01.2014 (received by us on 23.01.2014) regarding the subject matter. Please note that the nominated officers of the Field Verification Committee has observed during the field verification of credential of the information submitted in the application that you do not have sufficient financial capability as on the date of application, as specified in the relevant advertisement. Please also note that as per policy guidelines for selection of RGGLV, cognizance fund which is not mentioned in the application, cannot be extended. Hence, in line with the selection guidelines for RGGLV, your candidature for the RGGLV location Bangangram, Krishnachandrapur, Patshimuiia, Bangiani, Rautara, Bhulat, Gram Panchayat: Sundarpur, Block: Bongaon, District - North 24 Praganas has not been considered by the Competent Authority for further selection process, on the above grounds. This is issued without any prejudice to the rights of the Corporation in this matter. ''

(3.) IT appears that on 25th June, 2013 the petitioner had filed the application in the 'Standard Application Format' and in tune with the advertisement he had 'declared ' in paragraph 10 of the format that he had minimum funds of Rs. 4 lakhs in two accounts in two banks amounting to Rs. 2,00,000/ - and Rs. 2,30,000/ -. Significantly there is a 'Note ' below paragraph 10 which runs thus: - "The amount declared above in each case must be available as closing balance on the last date for submission of application as specified in the advertisement of corrigendum (if any) and the same will be verified during Field Verification."