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Patna High CourtCWJC/13742/2017disposed

Ratan Kumar Singh v. The Union Of India And ORS

2018-01-09Mr. Justice Vikash Jain4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13742 of 2017 =========================================================== Ratan Kumar Singh, Son of Sri Chandra Pratap Singh, Resident of MohallaBelbanwa, P.S.+Post- Motihari Town, District- East Champaran. .... .... Petitioner

Versus

1. The Union of India through the Secretary, Petroleum Department, Government of India, New Delhi.

2. The Chairman, Bharat Petroleum Corporation Limited, Bharat Bhavan No.1, 3rd Floor, Ballard Estate, Mumbai 400001.

3. The G.M., Bharat Petroleum Corporation Limited, Bharat Bhavan No.1, 3rd Floor, Ballard Estate, Mumbai 400001.

4. The Vigilance, B.P.C.L., Bharat Petroleum Corporation Limited, Bharat Bhavan No.1, 3rd Floor, Ballard Estate, Mumbai 400001.

5. The Territory Manager, B.P.C.L., Muzaffapur.

6. The State Head (Retail) Bihar, B.P.C.L., Patna.

7. The Territory Manager (LPG), B.P.C.L., Muzaffapur.

8. The Territory Manager (Legal), B.P.C.L., Patna.

9. Sri Ravindra Pratap Singh, Son of Late Jung Bahadur Singh, Resident of Rajapur Mathia, P.O.+P.S.- Dumra, District- East Champaran, Motihari.

10. Md. Shahiduzzaman, Son of Md. Sami Ahmad, Resident of A/118, Ali Nagar, Anishabad, Patna-2.

11. Sri Shashi Bhushan Rai, Son of Late Shahdeo Rai, Resident of VillageRadhiya, P.O.- Radhiya Manguraha, P.S.- Govindganj, District- East Champaran, Motihari.

.... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Ranjeet Kumar,Adv For the Resp. UOI : Mr. S.D SANJAY (ADDL. SOC. GEN.) For Resp. Nos. 2 and 3 : Mr. Sanjay Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-01-2018 The present writ petition has been filed for the following reliefs:- (I) For a declaration that the Selection Committee of BPCL has wrongly awarded 96.3 marks to Ravindra Pratap Singh (Respondent No. 9) for award of service

providership for the location B.P. Chakiya East Champaran, Serial No. 5 of the advertisement and further the award of the 96.3 weightage marks may be quashed as the application has been submitted in individual capacity, but the number has been awarded on the basis of documents of a partnership firm.

(II) For a direction upon the respondent authorities to provide the entire documents of Ravindra Pratap Singh and further produce the order of allotment and the letter of intend granted in favour of Ravindra Pratap Singh with respect to location of B.P. Chakiya, East Champaran, Motihari for service providership and after production thereof, the same may be quashed as Ravindra Pratap Singh obtained allotment of LOI on the basis of forged documents and further he do not fulfill the eligibility criteria in terms of the advertisement and the brochure.

(III) The petitioner further prays that after cancellation of allotment and LOI to aforementioned Ravindra Pratap Singh the allotment be made in favour of this petitioner as the first successful candidate has obtained allotment on the basis of forged documents.

The second candidate has already been given allotment at different place. The third one has lost his interest and therefore, this petitioner who is at the fourth position is the most eligible person to get the allotment.

(IV) For any other relief/reliefs for which the petitioner may be deemed entitled to.

2. At the very outset learned counsel for the petitioner submits that it will suffice if the petitioner is permitted to approach the G.M., Bharat Petroleum Corporation Limited, Bharat Bhavan No.1, 3rd Floor, Ballard Estate, Mumbai 400001 (Respondent No. 3) with a fresh representation for redressal of his grievances raised in the present writ petition, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of granting liberty to the petitioner to file a fresh representation before the G.M., Bharat Petroleum Corporation Limited, Bharat Bhavan No.1, 3rd Floor, Ballard Estate, Mumbai 400001 (Respondent No. 3) for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of

expeditiously and preferably within a period of eight weeks thereafter in accordance with law.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 11.01.2018 Transmission Date NA