M/S. SHANKER ENTERPRISES, JAMSHEDPUR, EAST SINGHBHUM Vs. HINDUSTAN PETROLEUM CORPORATION LTD., MUMBAI, MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Respondent Corporation.

(2.) Petitioner was under a transportation contract vide agreement dated 7th Sept., 2012, for transportation of Bulk POL products like MS/HSD by Tank Trucks from Tatanagar Depot to various retail dealers, customers and other locations of Hindustan Petroleum Corporation. The agreement was valid for a period of 5 years with effect from 1st July, 2012 (Annexure-1). By the impugned order dated 3rd June, 2016 (Annexure-8), the transportation contract has been terminated and all the tank trucks 13 in number have been blacklisted on Industry basis. Petitioner being aggrieved has approached this Court.

(3.) Annexure-5 is the show cause notice dated 13th May, 2016 preceding the order of termination and blacklisting. It is alleged therein that petitioner's TT No. JH05BF4158 was loaded on 15th April, 2016 at Tatanager depot for supplying 12 KL HSD to M/s. Mahamaya Automobiles, Chianki (Palamu) vide Invoice no. 16000466AI11739. Just when the Tank Truck was about to leave the depot with Invoice and Locks in closed condition, on inspection by HPCL officials, variation was found in quantity in three compartments of TT in excess beyond the calibrated capacity. The said inspection was conducted in the presence of TT crew who also signed the inspection report. The inspection report is also extracted showing excess product filled in all three compartments. It was alleged that his TT crew had deliberately filled excess product in all three compartments and were trying to steal and take the product outside the depot. This was very a serious matter and major irregularity had been committed. Therefore, petitioner was alleged to have violated the various Clauses of Transport Agreement such as 3(c), 5(e), 8(i), 9(a), 9(b), 10(a), 14(b) 17(e) and (f). He has also violated Clause 2.2.2, 7.1, 7.6, 7.11, 8.2.1 and 8.2.1r of applicable Transport Discipline Guidelines.