Calcutta High Court (Appellete Side)
Sri Sankar Paul vs Indian Oil Corporation Limited (Md) & ... on 14 July, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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14.07.2011.
W.P. No. 11031 (W) of 2011
Sri Sankar Paul
Versus
Indian Oil Corporation Limited (MD) & Ors.
Mr. Subroto Bose,
Mr. Sandipto Bose,
Ms. Manini Chakraborty
...For the Petitioner.
Mr. Manabendra Singh Yadav.
...For the IOC.
Affidavit‐of‐service filed today by the petitioner be kept on
record.
This writ application is directed against the decision of the
respondent‐Corporation in the matter of LPG distributorship at
Nimta, District‐ North 24‐Parganas under 'open' category as communicated to the petitioner by the respondent No.3 by a communication issued under Memo No.WB/LPG/Nimta dated Feburary 24, 2011.
The petitioner participated in the selection process for appointment of LPG dealership under reference along with other eligible candidates. He secured first position in the panel of the selected candidates. By virtue of the impugned communication, he was informed that his candidature had not been entertained upon 2 consideration of the field investigation report for the reasons contained therein. The petitioner submitted a representation to the respondent No.3 disputing the propriety of the field investigation report as also with regard to the impugned decision by virtue of his communication dated June 25, 2011 (at page 72 of this writ application).
This writ application is taken up for disposal with the consent of the parties. I direct the respondent No.2 to dispose of the above representation of the petitioner dated June 25, 2011 either by himself or by deputing an officer of the respondent‐Corporation above the rank of the respondent No.3 by passing a reasoned order in accordance with law within a period of two months from date after giving an opportunity of hearing to the petitioner.
The respondents are restrained from issuing the Letter of Intent in respect of the LPG distributorship in question till expiry of seven days from the date of communication of the decision of the respondent‐Corporation to the petitioner in the matter of LPG distributorship under reference.
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Since no affidavit‐in‐opposition is filed by the respondents, the allegations made in this petition are not treated to have been admitted by them.
I make it clear that I have not entered into the merits of this case and all points are kept open.
This writ application is, thus, disposed of. There will be, however, no order as to costs. Urgent certified photostat copy of this order be given to the parties, if applied for, subject to compliance with all necessary formalities.
srm ( Debasish Kar Gupta, J. )