Pramod Kumar Singh v. Indian Oil Corporation Ltd. and Others
2013-01-10
SATYA POOT MEHROTRA, ZAKI ULLAH KHAN
body2013
DigiLaw.ai
Zaki Ullah Khan, J.— The present Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the order dated 1.11.2012 (Annexure-18 to the Writ Petition) passed by the General Manager, Indian Oil Corporation Ltd. i.e. respondent No. 2. It appears that an Advertisement dated 2nd February, 2004 was published in the newspaper for grant of distributor-ship of L.P.G. at the location in question. Pursuant to the said advertisement, the petitioner and other persons made their Applications. Interview of the candidates was conducted and a merit list dated 5th March, 2005 was prepared and published. As per the merit list, the respondent No. 4 was placed at the Ist position while the petitioner was placed at the IIIrd position. The petitioner made a Representation/Complaint dated 18th March, 2005 against the merit list dated 5th March, 2005. By the order dated 4th April, 2005 passed in Civil Misc. Writ Petition No. 25717 of 2005, this Court directed that the Representation/Complaint made by the petitioner be decided expeditiously within the period mentioned in the said order dated 4th April, 2005. By the order dated 31.10.2005, General Manager, Indian Oil Corporation Ltd. disposed of the Representation/Complaint made by the petitioner and directed for conducting reinterview in respect of the location in question. Thereupon the respondent No. 4 herein filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 71560 of 2005. By the order dated 2nd August, 2007, this Court disposed of the said Civil Misc. Writ Petition No. 71560 of 2005 and remanded the matter for reconsideration by the General Manager, Indian Oil Corporation Ltd. Pursuant to the order dated 2nd August, 2007, the General Manager, Indian Oil Corporation Ltd. passed an order dated 14th December, 2007 whereby he cancelled the merit panel dated 5th March, 2005 and directed for re-interview as per the policy of the Corporation. Thereupon the respondent No. 4 herein filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 13360 of 2009, challenging the said order dated 14.12.2007 passed by the General Manager, Indian Oil Corporation Ltd. By the order dated 8th August, 2011, this Court dismissed the said Civil Misc. Writ Petition No. 13360 of 2009. In the meantime, the petitioner herein filed a Writ Petition being Civil Misc. Writ Petition No. 65585 of 2011.
Writ Petition No. 13360 of 2009, challenging the said order dated 14.12.2007 passed by the General Manager, Indian Oil Corporation Ltd. By the order dated 8th August, 2011, this Court dismissed the said Civil Misc. Writ Petition No. 13360 of 2009. In the meantime, the petitioner herein filed a Writ Petition being Civil Misc. Writ Petition No. 65585 of 2011. The said Writ Petition was disposed of by the order dated 17.11.2011, taking note of the order dated 8th August, 2011 passed in Civil Misc. Writ Petition No. 13360 of 2009 and directing that notices be issued fixing a date for interview so that everyone including the petitioner herein would appear on that date. Thereafter fresh interview was finally held between the period 8.5.2012 to 11.5.2012. Merit list was prepared, copy whereof has been filed as Annexure-15 to the Writ Petition. As per the merit list, the respondent No. 4 was placed at Ist position while the petitioner was treated to be out of merit. Thereupon the petitioner filed a Representation/Complaint dated 16.5.2012 (Annexure-16 to the Writ Petition) before the General Manager, Indian Oil Corporation Ltd. The petitioner also filed a Writ Petition being Civil Misc. Writ Petition No. 27028 of 2012 before this Court challenging the said merit list dated 11.5.2012 (Annexure-15 to the Writ Petition). The said Civil Misc. Writ Petition No. 27028 of 2012 was dismissed by this Court by the order dated 16.7.2012, inter-alia, observing as under : "We are of the opinion that the petitioner has not come with clean hands and has concealed material facts before this court under its discretionary jurisdiction under Article 226 Constitution of India does not deserve any relief. The writ petition is accordingly dismissed." It further appears that General Manager, Indian Oil Corporation Ltd. thereafter passed an order dated 1.11.2012 on the aforesaid Representation/Complaint dated 16.5.2012 submitted by the petitioner against the merit list dated 11.5.2012, and held that none of the allegations made in the Representation/Complaint made by the petitioner was substantiated. The petitioner has thereupon filed the present Writ Petition seeking the reliefs as mentioned above. We have heard Sri K.K. Mishra, learned counsel for the petitioner, Sri Prakash Padia, learned counsel for the respondent Nos. 1 to 3 and Sri Ashish Kumar Gupta, learned counsel for the caveator-respondent No. 4.
The petitioner has thereupon filed the present Writ Petition seeking the reliefs as mentioned above. We have heard Sri K.K. Mishra, learned counsel for the petitioner, Sri Prakash Padia, learned counsel for the respondent Nos. 1 to 3 and Sri Ashish Kumar Gupta, learned counsel for the caveator-respondent No. 4. From the above narration of facts, it is evident that against the merit list dated 11.5.2012, the petitioner filed the aforesaid Civil Misc. Writ Petition No. 27028 of 2012 before this Court, and the said Writ Petition was dismissed by this Court by the order dated 16.7.2012. The challenge in the present Writ Petition, in substance, is in respect of the said merit list as the order dated 1.11.2012 by the General Manager, Indian Oil Corporation Ltd. has upheld the said merit list dated 11.5.2012. In view of the dismissal of the aforesaid Civil Writ Petition No. 27028 of 2012 by this Court in respect of the merit list dated 11.5.2012, it is not open to the petitioner to impugn the said merit list by filing the present Writ Petition. It is further noteworthy that even though the petitioner has sought quashing of the order dated 1.11.2012 passed by the General Manager, Indian Oil Corporation Ltd., none of the grounds raised in the Writ Petition specifically questions the correctness of the said order. Even otherwise, having perused the order dated 1.11.2012, we are of the view that the General Manager, Indian Oil Corporation Ltd. in passing the said order has considered various relevant aspects and has passed reasoned order in respect of each of such aspects. Various findings of fact have been recorded by the General Manager, Indian Oil Corporation Ltd. in the said order dated 1.11.2012. No illegality or perversity has been shown in the said order dated 1.11.2012 passed by the General Manager, Indian Oil Corporation Ltd. In view of the above discussion, we are of the view that the present Writ Petition filed by the petitioner lacks merits, and the same is liable to be dismissed. This Writ Petition is accordingly dismissed. _____________