ACHAL SAINI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By way of this writ petition, the petitioner challenges impugned E-mail dated 21.05.2019 (Annexure P-12), whereby the candidature of the petitioner for award of Retail Outlet Dealership at Gora, Block Balh, Mohal Gora Gagal, Tehsil Balh, District Mandi, H.P., was rejected by the respondent-Indian Oil Corporation Ltd. (for short 'the Corporation').

(2.) The facts of the case, in brief, are that on 25.11.2018, respondent-Corporation issued an Advertisement Notice for setting up Retail Outlet Dealerships in different locations in the entire State of Himachal Pradesh, including Retail Outlet Dealership at Gora, Block Balh, Mohal Gora Gagal, Tehsil Balh, District Mandi, H.P. It is averred in the writ petition that on 25.12.2018, the petitioner submitted his online application in the prescribed format within the stipulated period. It is further averred that on 25.01.2019, the petitioner was informed by the respondent-Corporation that he has qualified for the draw of lots for selection of Retail Outlet Dealership and was directed to remain present alongwith all relevant documents on 06.02.2019 at 11.00 a.m., at the Institute of Engineers, Engineering Bhawan, Nigam Vihar, Shimla. In compliance to the aforesaid direction, the petitioner appeared at the aforesaid venue. It is further averred that vide E-mail dated 07.02.2019, issued at 5.51 p.m., (Annexure P-5), the petitioner was informed that he has been selected and was directed to deposit a sum of Rs. 40,000/- towards initial security within 10 days and to submit all the requisite documents. The petitioner complied with the aforesaid requirements within the stipulated period. It is also averred that on 08.03.2019, the petitioner received a call from one Sh. Sanjay Singhal, the Field Officer of the respondent-Corporation to ensure his presence for inspection of the location of the land offered by him. The said inspection was carried out on the aforesaid date at 4.00 p.m. On the same date, i.e. on 08.03.2019, the petitioner received E-mail (Annexure P-8) from the respondent-Corporation, Office at Bombay, informing him that the Land Evaluation Committee would visit the site offered by him on 18.03.2019 and was directed to remain present alongwith all relevant documents at the site. Thereafter, on the same date, the petitioner received another E-mail (Annexure P-9), informing him that the visit of the Land Evaluation Committee, scheduled on 18.03.2019, has been preponed to 08.03.2019. It is further alleged that on receipt of the aforesaid information, the petitioner immediately rushed to the spot alongwith all relevant documents, but to his utter surprise, neither the Land Evaluation Committee of the respondent-Corporation nor any Field Officer was present on the spot. It is further averred that on 21.05.2019, the petitioner received E-mail (Annexure P-12), wherein it was mentioned that the Land Evaluation Committee had visited the site offered by the petitioner on 08.03.2019 and the same was found to be not meeting the required norms as per the Land Evaluation Committee.

(3.) Learned Counsel for the petitioner submits that the candidature of the petitioner for award of Retail Outlet Dealership at Gora was wrongly rejected by the respondent-Corporation. He further submits that on 08.03.2019, when the petitioner had received information from the respondent-Corporation to the effect that the inspection of the site offered by the petitioner would be carried out on the same day, he immediately rushed to the spot alongwith all relevant documents, but on reaching the spot, he found that neither the Land Evaluation Committee of the respondent-Corporation nor any Field Officer was present there. He further submits that on 21.05.2019, the petitioner received E-mail (Annexure P-12), whereby the candidature of the petitioner was rejected for the reason that the plot offered by him was not meeting the required norms, as per the Land Evaluation Committee. He further submits that the father of the petitioner sought information on 26.04.2019 under the Right to Information Act, 2005, from the Chief Executive Engineer, Mandi, and in turn, it was mentioned: "that the information sought by you is of commercial confidence and trade secret and hence, the information cannot be provided under Section 18(1)(d) of the Right to Information Act". Learned Counsel has further referred to E-Mail dated 08.03.2019 (Annexure P-8), received at 5.56 p.m., whereby the petitioner was asked to ensure his presence alongwith all relevant documents on 18.03.2019. He further submits that on the same date, at 7.25 p.m., he received another E-mail (Annexure P-9), whereby he was informed that the Land Evaluation Committee would visit the site offered by him on the very same day, i.e 18.03.2019 and he was directed to remain present alongwith all relevant documents at the site. Thereafter, on the same date, the petitioner received another E-mail (Annexure P-9), whereby he was informed that the inspection of Land Evaluation Committee scheduled on 18.03.2019, has been preponed to 08.03.2019.