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G) In case of density/ filter paper test failure, clinical test failure by mobile lab. sales and supply of all products will be suspended and samples will be drawn and send for testing. Laid down procedure will be followed and appropriate action will be taken based on the outcome of the test results.

H) In case routine samples drawn from the retail outlet fail, appropriate action will be taken against the dealership. Any unsold off spec product at the retail outlet will be appropriately disposed off by the concerned oil company before sales is recommended at the RO.

"5. It is submitted by Shri P.P. Malhotra, the learned Senior counsel for the appellants that the dealership has been terminated on irrelevant and non-existent grounds and, therefore, the order of termination is liable to be set aside. The Government of Uttar Pradesh has issued directions to all the District Magistrates of the State in the matter of taking of samples and carrying out tests. There are two government orders issued, namely, No. 1459/29-7-97-731-PP dated 25.4.1997 and No. 2722/29-7-2000-PP/2000. The orders state inter alia that the strength/ frictions or petrol and diesel change after ten days and therefore a time-limit of ten days is fixed for testing of such products. It is also emphasized that in the interest of natural, the inspecting officials should test the sample for quality and density at the retail outlet itself in the presence of the dealer with necessary equipments such as filter paper, hydrometer, thermometer, jar and the conversion table which are available at the retail outlets and record density thereat only in the presence of the dealer. These government orders were violated in respect of the sample taken on 11.2.2000. Firstly, the rest was not carried out at the retail outlet itself and, secondly, the time gap between the sample taken and the lab test carried out is of about a month which is capable of causing marginal variation as detected. The learned Senior counsel for the appellants invited attention of the Court to an order dated 24.10.2002 passed by the Commissioner, Nainital in an appeal preferred against the suspension of the petitioners‟ licence which too was founded on the test report of the sample taken on 11.2.2000. Impressed by non- compliance with the instructions contained in the government orders and the delay in carrying out the lab tests, also keeping in view the previous performance of the petitioners, the learned Commissioner has allowed the appeal and set aside the suspension as also the find imposed on the petitioners. The learned counsel is right in submitting that in view of the abovesaid facts, the failure of the sample taken from the appellants‟ outlet on 11.2.2000 becomes an irrelevant and non-existent fact which could not have been relied on by the respondent Corporation for cancelling the appellants‟ licence.