Vishal Jaiswal v. Union of India Through Its Secretary, Ministry of Petroleum Natural Gas, Govt. of India and Others
2012-10-31
HET SINGH YADAV, SATYA POOT MEHROTRA
body2012
DigiLaw.ai
Het Singh Yadav, J.;— On oral prayer made by Shri Mohd. Shahid, learned counsel for the petitioner, he is permitted to implead General Manager, Indian Oil Corporation Limited, U.P. State Office-1, Lucknow as party-respondent no.7 in the Writ Petition as well as in the Stay Application. The present Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the result of the draw for selection of Rajeev Gandhi Gramin LPG Vitrak (in short "RGGLV") in favour of the respondent no.4. It appears that the petitioner and others applied for grant of distributorship in question. The distributorship was granted in favour of the respondent no.4 by draw of lots. The petitioner is aggrieved by the selection of the respondent no.4 for grant of distributorship. We have heard Shri Mohd. Shahid, learned counsel for the petitioner, Shri Mohd. Aman Khan, learned counsel for the respondent no.1 and Shri Sanjiv Singh, learned counsel for the respondent nos. 2 and 3. Shri Sanjiv Singh, learned counsel for the respondent nos. 2 and 3 and the newly-added respondent no. 7 has raised a preliminary objection that for redressal of his grievances as raised in the Writ Petition, the petitioner has got an alternative remedy by making complaint before the respondent no.7 as per the provisions contained in Clause 15 of the Brochure issued by the Indian Oil Corporation Limited in regard to selection of Rajeev Gandhi Gramin LPG Vitrak. The said Brochure has herein after been referred to as "the Brochure". We have considered the preliminary objection raised by Shri Sanjiv Singh, learned counsel for the respondent nos. 2, 3 and 7. Clause 15 of the Brochure provides as under: "15. Grievance/Complaint Redressal System: Any complaint received against the selection of RGGLV as mentioned in para 12.4 will be disposed off as under: 15.1. Anonymous complaints will normally not be investigated. 15.2. On receipt of a complaint a letter will be sent by the oil company to the complainant through Registered Post, asking him to submit details of allegation with a view to prima facie substantiate the allegations along with supporting documents, if any, within 30 days. While seeking documents and details, the complainant will be advised that if during the investigations complaint is found to be false and/or without substance the Oil Company reserves the right to take action against the complainant as provided under the law. 15.3.
While seeking documents and details, the complainant will be advised that if during the investigations complaint is found to be false and/or without substance the Oil Company reserves the right to take action against the complainant as provided under the law. 15.3. The concerned Oil Company will examine response of the complainant and if it is found that the contempt does not have specific and verifiable allegations, the same will be filed. 15.4. If a decision is taken to investigate the complaint, one Senior Officer will do the investigation. Thereafter, decision on the complaint will be taken as under: 15.4.1.1. Complaints not substantiated: The complaint will be filed and the complainant will be advised accordingly. 15.4.1.2. Established complaint In case of established complaint, the complainant will be advised accordingly and the concerned Oil Company will take suitable corrective action." From a perusal of the above-quoted Clause 15, it is evident that for redressal of his alleged grievances as raised in the Writ Petition, the petitioner has got an alternative remedy by making complaint before the respondent no.7. In view of the availability of an alternative remedy to the petitioner, we are not inclined to exercise our Writ Jurisdiction under Article 226 of the Constitution of India in the present case. The Writ Petition filed by the petitioner is liable to be dismissed on the ground of availability of alternative remedy to the petitioner. The Writ Petition is accordingly dismissed on the said ground. _____________