Sanjeet Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1693 of 2015 In Civil Writ Jurisdiction Case No.648 of 2011 ====================================================== Sanjeet Kumar, S/o Sri Shankar Prasad, resident of Mohalla, Hathsargang, P.S.-Hajipur, District-Vaishali at Hajipur.

... ... Appellant

Versus

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

2. The General Manager, Indian Oil Corporation Ltd., Vth Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chauraha, Patna.

3. The Managing Director, Indian Oil Corporation Ltd., Shahi Complex, Exhibition Road, Patna.

4. The Senior Area Manager (Inden Area Office) Indian Oil Corporation Ltd., 1st Floor, Shahi Complex, Exhibition Road, Patna.

5. Ravindra Kumar Pandey, S/o Late Ganesh Pandey, resident of villageHakmra, P.S.-Garkha, District- Saran at Chapra.

6. Dwarika Nath Kapoor, S/o Not known, Domestic Gas Appliance, resident of mohalla- Dak Bunglow Road, P.S.- Town, District-Saran at Chapra. ... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. H.P. Singh, Senior Advocate Mr. Pramod Ban Bihari Singh, Advocate For the Respondent IOC :

Mr. Anil Kumar Sinha, Advocate Mr. Amlesh Kumar Verma, Advocate For the Respondent No.5:

Mr. Bindhyachal Singh, Advocate Mr. Satya Prakash, Advocate Mrs. Smriti Singh, Advocate For the Respondent UoI :

Mr. S.D Sanjay (Addl. Soc. Gen.) Mrs. Kanak Verma, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 31-08-2017

Patna High Court LPA No.1693 of 2015 dt.31-08-2017 2/3 Heard learned senior counsel for the appellant and learned counsel for the respondents. Perused the order dated 03.08.2015 passed by the learned single Judge in C.W.J.C. No. 684 of 2011. Enough of enquiry and verification has already been made in allotment of L.P.G. distributorship in favour of the private respondent.

The allegations made was duly verified by the independent authority and they did not find anything amiss with regard to the declarations and the submissions made by the selected candidate which would come in his way of final selection and appointment. Not only this the learned single Judge has rightly taken note of the various decisions of the Hon'ble Apex Court where the principles emerging therefrom has been culled out and relied upon. Judicial review in such matters have their limitations and when a specialized body of experts has been constituted by the public sector oil company and the due process has been followed in evaluation and selection, the same cannot be reevaluated in judicial review.

It is one of such case where a disgruntled candidate, who did not make it to the top of the list, is now trying to knock out the selected candidate by making wild allegations, none of which could be established in the fact finding.

Patna High Court LPA No.1693 of 2015 dt.31-08-2017 3/3 In view of the above, the impugned order does not suffer from any vice. Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 01.09.2017 Transmission Date N.A.