SACHIDANAND SINGH Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) In this writ petition challenge is thrown to the impugned show cause notice dated 23rd April, 2013 issued by the Indian Oil Corporation Ltd. (for short IOCL) against the sole proprietorship firm of the writ petitioner. By the show cause notice the writ petitioner was called upon to reply regarding the genuineness of a handwritten Credit Worthiness Certificate dated 15th Dec., 2006 issued by the Bank of India (for short BOI), Motihari Branch, Bihar submitted by the writ petitioner along with his application for selection as a retail outlet dealer of the dealership in issue, being located on Vivekananda Road, District -North 24 Parganas off the Dunlop Bridge/BT Road/Dakshineswar Traffic Point (hereinafter referred to for short as the said dealership).

(2.) The short facts presented by Sri Bikash Ranjan Bhattacharya, Ld. Senior Counsel for the petitioner are that the petitioner applied for the said dealership, as per the terms advertised and, was selected at the close of a rigorous selection procedure. The Letter of Intent (for short LOI) was issued in favour of the petitioner on 9th Aug., 2007 and the petitioner, upon completion of the formalities, received the letter of appointment on 13th Aug., 2007. Pursuant to the said LOI and the letter of appointment the petitioner has been functioning as a dealer of the said petroleum retail outlet to the satisfaction of IOCL. In this connection Sri Bhattacharya submits that an agreement was also executed between IOCL and the petitioner on 17th Aug., 2007.

(3.) During the functioning of the said dealership the appointment of the petitioner was challenged in a writ petition by one Ashoke Kumar Kundu, being the second empanelled candidate to the selection. Such challenge was mounted on the platform of several alleged discrepancies in the documentary affidavits submitted by the petitioner while claiming the said dealership.