dated 24.08.2018 was received informing the petitioner that why
proceedings under the ITDG Guidelines may not be initiated
against the petitioner-firm and against tank ... fitting gksuk lkfcr gqvk gSA
mijksDr fo"k; esa ITDG 23-03-2016 ds rgr vkids o vkids VSad Vªd
RJ19GE1804
mandamus declaring the proceedings
bearing Ref. No. TAPSO OPS/POL/VGA TML/ITDG/22-22/06
dated 28.02.2023 issued by the 3rd respondent herein
whereby ... imposing penalty
contrary to the provisions of Oil Industry Transport
Discipline Guidelines (ITDG) as illegal, arbitrary,
highhanded violative of principles of natural justice apart
from
violation of Clause 8.2.2.2. (d) of Industrial
Transport Discipline Guidelines (in short ITDG).
It is the case of the petitioner that the
petitioner was also ... respondent
authority in favour of the petitioner by violating
relevant provisions of ITDG. The punishment which
can be inflicted is only in respect
transport agreement and clause
8.1 of the Industry Transport Discipline Guidelines (ITDG).
The authority has allowed the petitioner firm to operate other
tank lorry ... required temperature as per ITDG, i.e.
15°C.
Learned counsel for BPCL, on the other hand, has
submitted that the petitioner is a firm
number of clauses of Oil Industry
Transport Discipline Guidelines ('ITDG', for short), and
informed the petitioner that vehicle bearing Registration
No.AP16TW ... blocked and would be
blacklisted under clauses 8.2.1 and 8.2.2.5 of the ITDG
and called upon the petitioner to submit written
explanation. In response
Clauses 8.2.2.2(d) and 8.2.2.13 of the
Industry Transport Discipline Guidelines ('ITDG' for short), Clause15(d)(f)
of the Transport Agreement and Clauses ... clause 19 of the Tender Document, Clause 8.2.2.2(d) and 8.2.2.13 of ITDG.
Accordingly, the road transport agreement dated 31.12.2024 was
4
terminated and fourteen
against the principles laid down in
Industry Transport Discipline Guidelines (in short ITDG). Ld.
Sole Arbitrator wrongly held that no irregularity was detected ... aside. Ld. Sole
Arbitrator ignored the contention of petitioner that under ITDG
proof of short delivery is not a pre-condition for taking action
against
violation of the terms and conditions of the Transport
Agreement and the ITDG, thereby causing harm to the good name
and image of the respondent ... basis as per the provisions contained in the Transport
Agreement and the ITDG, the security amount of Rs. 8,00,000/
was also forfeited
security deposit as also other actions which
may be deemed fit in ITDG/Tender Agreement.
4. In response to the aforesaid letter of the Corporation ... amount deposited and thereafter action towards termination,
forfeiture and deemed action of ITDG/Tender Agreement shall be taken.
Since the petitioner had already made payment
Industry Transport Discipline
Guidelines (for brevity "ITDG"), the respondent was
blacklisted and a penalty of Rs. 9,00,000/- (Nine Lakhs) was
imposed ... instance in which the
respondent was blacklisted. The relevant provision of ITDG is
specifically referred to. Learned counsel for the respondent
seeks to sustain
