MOHAMMED UMER Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The short point which this Court is required to answer in this writ petition is whether the order impugned dated 13th June, 2008 passed by the Senior Regional Manager (Retail) (for short SRM) of the respondents-Hindusthan Petroleum Corporation Ltd. (for short HPCL) terminating the petroleum dealership agreement of the writ petitioner is valid or not. A Hon'ble Single Bench of this Court vide its order dated 14th May, 2008 in WP 8663(W) of 2008 directed the respondents-HPCL to hear the petitioner and pass a reasoned order within 15th June, 2008. Accordingly, the petitioner was heard and the reasoned order was issued which is impugned in the present writ petition.

(2.) The SRM (Retail) came to the conclusion that the marker test in respect of the sample taken from the nozzle of High Speed Diesel tank no.2 (for short HSD2) conducted at the retail outlet run by the petitioner in the name and style of M/s. Gausia Service Station (for short GSS) at Gobindapur, District Hooghly was found to show the colour pink. The contamination of the retail sample outlet stood confirmed in a subsequent test at Mourigram depot and therefore under the Marketing Discipline Guidelines (for short MDG) 2005 the penalty of termination of the dealership for adulteration was imposed.

(3.) The SRM (Retail) also came to the conclusion that two other samples taken at the retail outlet of the writ petitioner on 6th of December, 2007 by M/s. SGS Pvt. Ltd., which is an independent organisation authorised by HPCL to carry out the marker test, namely, the Tank Truck retention sample as well the supply location sample of that particular date distinguished from the HSD2 sample were found to be not contaminated as they did not show the colour pink in the marker test.