Gujarat High Court
Shree Annu Transport Thru. Poa ... vs Indian Oil Corporation Limited Thru ... on 12 March, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/4214/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4214 of 2019
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SHREE ANNU TRANSPORT THRU. POA GAJENDRASINGH RAMSINGH
PAWAR
Versus
INDIAN OIL CORPORATION LIMITED THRU GENERAL MANAGER (O) & 1
other(s)
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Appearance:
MR HR PRAJAPATI(674) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 12/03/2019
ORAL ORDER
[1] This petition is filed by the petitioner against the issuance of show-cause notice dated 27.12.2018, where the show-cause notice was issued under Clause-8.2.2.11 and clause-8.2.2.8 of ITDG. The show-cause notice was issued as upon inspection it was found that particular TT (Tanker Truck) which was placed under suspension was called for calibration exercise and while calibration was being carried out, fuel tank of the TT started overflowing and it was found that the pipe was connected to the fuel tank of the TT from the decantation line of the compartment No.3 of the TT, which amounts to pilferage.
[2] Learned advocate Mr. H.R.Prajapati appearing for the petitioner states that though the show-cause notice is issued for violation of specific clauses under ITDG and the penalty prescribed for blacklisting of the TT, yet the Personal Hearing Report at page-34 and 35 would indicate that the action proposed against the petitioner is for terminating the transport, forfeiting of the deposit and putting the TTs on Page 1 of 2 C/SCA/4214/2019 ORDER holidaylist on Industry basis. It is therefore, submitted that the action proposed which is apparent from the Personal Hearing Report travelled beyond the scope of show-cause notice.
[3] Considering the submission and more particularly the fact that the petition is filed at the stage of show-cause notice, where the petitioner is called upon to offer his explanation on points and that the presumption of the petitioner on the basis of the Personal Hearing Report that the respondent-corporation is predetermined and the proposed actions are apparent on the Personal Hearing Report is unwarranted. As the issue is still at large at the show-cause notice, it would be open for the petitioner to raise all the contentions available under the law before the authority including the contention of the Personal Hearing Report travelling beyond the scope of show-cause notice.
[4] With the aforesaid, the present petition stands disposed of.
(A.Y. KOGJE, J) SIDDHARTH Page 2 of 2