declaration that the
Marketing Discipline Guidelines, 2018 (hereinafter referred to as
"MDG") on the basis of which penalty was imposed as above ... cases were on
account of the violation of Chapter IV of the MDG. He
points out Clause 4.2(viii) and contends that a show
visit of Opposite Party No.2 on 07.06.2007
the procedure vide MDG, 2005 to be adopted for sampling and testing
was not followed and there ... presently while reiterating the above in detail, taking this
Court to the MDG, 2005 filed as Annexure-16 through additional
affidavit and reading through
conditions contained in the dealership agreement, Market Discipline Guidelines
(in short, MDG), other relevant rules and regulations of Govt. of India and the
State ... form which is as follows:-
S. Irregularity Violation as per
No. amended MDG 2012
dt: 03.08.2018
1 Positive stock variation Clause 5.1.11
2 Non availability
extracted hereunder:
“ehd; gs;sp khzt, khztpah;fs; khh;f;Ffs;
mDg;gr; nrhy;yp gy jlit nrhy;yp
gadpy ... 20879 to 20881 of 2017
nryT fzf;Ffis mDg;gr; nrhy;ypAk;,
mDg;gtpy;iy. etk;gh; 2011ypUe;J [dthp, gpg;uthp
2012Yk
principles of natural justice and
the deviation of Marketing Discipline Guidelines (MDG) and therefor
has set aside termination order Ref: No.APSO ... following alleged irregularities:
Sr. Observation Violation as
No. per caluse
No. of MDG
2012
1. Positive Stock variation beyond limits, 5.1.11
MS 7363 Liters
gplg;gl;Ls;sJ. thjp
epWtdk; juk; Fiwe;j ilikd; gTlh;fis mDg;gpajhy; gpur;rid
Vw;gl;lJ vd;w tptuk; v51y; Fwpg;gplg ... Fiwe;j
ilikd; gTlh;fis thjp epWtdk; mDg;gpajhy;; kw;w epWtdq;fs;
mth;fSf;F gzk; nfhLg;gij epWj
violation
of Clause 5.1.9 and 5.1.11 of the Marketing Discipline Guidelines (MDG),
2012. The petitioner was asked to explain with justification as to why action ... meet the specifications and, as
such, an additional irregularity towards violation of MDG-2012 was added. A
list of 4 (four) non-conformities detected
4637/2007 seeking a declaration that the
Marketing Discipline Guidelines-2005 ('MDG-2005' for
short) introducing marker system as unconstitutional,
illegal, null ... lorry retention sample which was required to be
retained as per the MDG-2005 is averred. The
correspondence intimating the petitioner about the
further tests
violation of Clause 5.1.4 of Marketing Discipline Guidelines (in short 'MDG') and 5.1.2 (a) of MDG.
(g) The petitioner sent its reply ... routine mandatory practice in accordance with Clause 1.4.2 (d) of MDG, the DU were checked for delivery and even on 04.05.2017, it was found
agreement read
with clause 5.1.2(b)(3) of Marketing Discipline Guidelines, 2012
(MDG-2012). Accordingly, the petitioner was called upon to show
cause ... dealership agreement read with clause 5.1.2(b)(3) of
MDG-2012.
5. Being aggrieved by the said order, the petitioner preferred a
Writ petition before
