DWIVEDI Vs. BHARAT PETROLEUM CORPORATION LTD

JUDGEMENT

(1.) IN this writ petition, the prayer is for setting aside the order dated 12.11.2003, contained in Annexure 1, issued by the Territory Manager (Retail). Patna (respondent no. 2) imposing penalty of Rs.20,000/ -pursuant to test report that " The RO retention sample is failing with respect to the observed density (0.7583) as compared with the recorded density at the RO (0.7544) after the last receipt and the variation (0.0039) is beyond permissible limit of 0.0030."

(2.) THE petitioner is a dealer of Bharat Petroleum Corporation Limited and it has High Speed Diesel (HSD) and Motor Spirit (MS) outlet in the town of Siwan. On 7.5.2003 the Company 's representatives took samples from the Petrol Pump and put the M.S. sample in six sealed glass jars, two of which were left with the petitioner. As prime facie on preliminary investigation made on the spot, variation in density was found in the petrol sample, the sale from the petitioner's outlet was suspended with immediate effect. Thereafter, the petitioner was served with a show cause notice as to why appropriate action be not taken against them under the provisions of the Marketing Discipline Guidelines, 2001.

(3.) THE petitioner, being aggrieved by the said order, came to this Court in C.W.J.C No. 6230 of 2003 assailing its validity. This Court vide order dated 5.9.2003 (Annexure 9), held that the test report of Indian Oil Corporation dated 15.5.2003 would be of no avail to the petitioner. Further in view of the provisions contained in clause (c) under the heading 'General Points to be observed in all cases' of the Marketing Discipline Guidelines, 2001 that "in the event of request for retesting by the dealer/transporter, the same to be considered on merits by the Regional GM. The sample of Retail Outlet retained by the dealer should be sent for testing" the Court directed that it is open to the petitioner to make a request under this clause and in case the petitioner makes a request before the Regional G.M. within one week from today, there is no reason why the sealed sample left with the dealer sent for testing to the Budge Budge Laboratory or any other suitable Laboratory as may be decided by the -Regional G. M. and a test report may not be received within a period of one month form the date of submission of such request. The writ petition was disposed of with an observation that the payment of fine by the petitioner shall abide by the test report. Thereafter, the petitioner approached and the respondent took two samples. Which were kept at the petitioner's place in order to get it tested again, whereupon the petitioner has been communicated with the impugned order that the samples are not as per the specification.