Deepak Garg And Another vs Union Of India And Others on 14 August, 2013

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Punjab-Haryana High Court

Deepak Garg And Another vs Union Of India And Others on 14 August, 2013

Bench: Rameshwar Singh Malik

           203                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                            CHANDIGARH

                                                  Civil Writ Petition No. 17239 of 2009
                                                  Date of Decision: August 14, 2013

           Deepak Garg and another
                                                                      ..........Petitioners
                                                Vs.
           Union of India and others
                                                                    ........ Respondents

           CORAM: HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

           Present:            None for the petitioners.

                               Mr. Atul Nehra, Advocate for
                               respondent Nos, 2 and 3.

                               Mr. Raman Sharma, Advocate for responent No.4.

                      *****
           RAMESHWAR SINGH MALIK J. (ORAL)

Learned counsel for the respondents submit that the only allegation levelled by the petitioners was about the irregularity in preparing the merit panel (Annexure P-7), at the hands of the Interview Committee of Hindustan Petroleum Corporation Limited, wherein the petitioner was given zero marks for land and infrastructure.

In this case, the matter was referred to the Central Bureau of Investigation for enquiring into the matter and the detailed report dated 18.10.2012 has already been submitted by the Central Bureau of Investigation, which is available at page 82 to 96 of the paper book.

Learned counsel for the respondents referred to the findings recorded by the Central Bureau of Investigation in para 4 of its report dated 18.10.2012 at page 96 of the paper book and the same reads as under:

Anjal Gupta

2013.08.19 11:08 I attest to the accuracy and integrity of this document high court chandigarh Civil Writ Petition No. 17239 of 2009 -2-

"It is firmly established that the decision of L-1 committee to award '0' marks to three applicants including complainant Sh. Deepak Garg & Monika Garg (partnership) and full marks to Mrs. Renu Bala under the head of land and infrastructure was justified under the prevailing guidelines for allotment of retail outlet (petrol pump) allotment. As such, verification has not revealed any malafide or arbitrariness on the part of the HPCL officials in the Retail Outlet allotment in question.

They further submit that as there was no interim order, the retail outlet is being successfully operated by respondent No.4 since 03.06.2010. They pray that in view of the abovesaid developments having been taken place, the instant writ petition does not survive any further and the same may be disposed of, as having been rendered infructuous.

In view of the findings recorded in the inquiry report dated 18.10.2012 submitted by the Central Bureau of Investigation, coupled with the joint statement made by learned counsel for the respondents, the present writ petition is ordered to be disposed of as having been rendered infructuous.

However, liberty is granted to the petitioners to get the petition revived, if necessity arises.

(RAMESHWAR SINGH MALIK) JUDGE August 14, 2013 ANJAL Anjal Gupta 2013.08.19 11:08 I attest to the accuracy and integrity of this document high court chandigarh

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