PIARA LAL CHOUDHARY Vs. U.O.I

JUDGEMENT

(1.) ORAL Notice for appointment of LPG distributors at five locations as made mention of in the Notice include location at Akhnoor regarding which petitioner claims to have submitted his requisite application on 08.10.2011. The last date for receipt of such application was fixed as 10.10.2011 as is clear from Clause 8 of the said Notice. Petitioner claimed that he had submitted a lease deed on 10.10.2011. Respondent -Authorities have conveyed to the petitioner vide letter dated 21.12.2011 that the lease deed submitted by him is not readable, therefore, he shall submit a readable copy. In response whereof, petitioner, on 26.12.2011, has submitted the Certified True Copy of registered lease deed dated 10.10.2011 of shop and land for storage of LPG products as desired.

(2.) Vide letter impugned dated 16.01.2012, it has been conveyed to the petitioner that his candidature has not been found to be eligible for LPG distributorship as the lease deed submitted by him has been registered in the Court of Sub -Registrar, Akhnoor on 10.10.2011 while as the date for receipt of application as per office records and cash receipt is 08.10.2011, hence the same has not been considered. The contention of the petitioner is that he had submitted his application on 08.10.2011, the lease deed was registered on 10.10.2011 by Sub -Registrar, Akhnoor on 10.10.2011. On the same date, the lease deed was submitted, so admittedly within the stipulated time. The requirement as per Clause (8) of the Notice is that application along with enclosures complete in all respects has to be submitted so as to reach to the office of the respondent -Authority before the close of Office on 10.10.2011.

(3.) It can t be the case of the respondents that copy of the lease deed was not submitted well within the time in view of their own admission, i.e. in terms of letter dated 21.12.2011. They have conveyed to the petitioner that the lease deed is not readable, readable copy shall be submitted. This they have done in view of the procedure prescribed as is envisaged by Brochure on guidelines for selection of regular LPG distributors. Clause 9.5 envisages that in case any deficiency is found in the application, a letter would be sent to the applicant to rectify the deficiency within a specified period of time. The letter has been sent to the petitioner only to make up the deficiency, i.e. to submit readable copy of the lease deed, which he has submitted. In the objections as filed by the respondents, it is stated that the petitioner has admitted that his lease deed was registered on 10.10.2011, which was the last date for receiving the application, as such, applicant has no right of consideration for dealership. Then in para (5), it has been stated that the respondent -Corporation came to know that the earlier lease deed submitted on 08.10.2011 was false and frivolous whereas the lease deed submitted in response to letter dated 21.12.2011 was registered on 10.10.2011 after the filing the application form, as such, petitioner has tried to befool the Corporation and the Corporation has rightly rejected the candidature for dealership on a very genuine ground.