AJIT CHANDRA DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri J. Singh, learned counsel for the petitioner. Also heard Shri P. Bharadwaj, learned Standing Counsel, IOC who has also produced the records. The respondent no. 6 is represented by Shri T. J. Mahanta, learned Sr. Counsel assisted by Ms. P. P. Das, learned counsel.

(2.) The subject matter of challenge is a communication dtd. 15/12/2017 whereby the application of the petitioner made towards an invitation to offer by the IOCL for allotment of a retail outlet at Jorhat has been rejected. The facts may be briefly narrated as follows.

(3.) The IOCL had published an NIT on 11/7/2012 for allotment of retail outlets in various locations including the location of Moubandha to Pulibar in the district of Jorhat against Sl. No. 49. According to the petitioner, he being eligible, had applied for the aforesaid allotment vide an application dtd. 23/8/2012. Pursuant thereto, a Call Letter was issued to the petitioner on 12/12/2012 fixing the date of interview on 27/12/2012 at 12:00 noon in the office of the respondent at Tinsukia in which the petitioner had appeared. Since there was no response for a long time, on 19/12/2014, the petitioner had issued a communication to the respondent authorities to know the status of the evaluation. However, long after about 5 years, the impugned communication dtd. 15/12/2017 has been issued, as per which the application of the petitioner was informed to have been rejected. The principal reason cited for rejection was that the petitioner was not found eligible on the parameter "capability to arrange finance". Immediately on receipt of the letter, the petitioner had filed a representation on 22/12/2017 whereby it was informed to the authorities that the reasons cited were not correct and he was financially sound. However, the petitioner came to know later on on 22/12/2017 that the LOI was issued in favour of the respondent no. 6 without considering his case.