Bharati Pandharinath Kamble v. Hindustan Petroleum Corporation Ltd Through Chief Regional Manager And Another

1 wp 6679.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6679 OF 2016 WITH CIVIL APPLICATION NO. 9064 OF 2016 Bharati Pandharinath Kamble .. Petitioner

Versus

Hindustan Petroleum Corporation Ltd.

and another .. Respondents Shri Rajendra S. Deshmukh, Advocate for the Petitioner. Smt. Anjali Dube (Bajpai), Advocate for the Respondent No. 1. Shri S. W. Mundhe, A.G.P. for the Respondent No. 2. CORAM : S. V. GANGAPURWALA & S. M. GAVHANE, JJ.

DATE : 13 th November, 2017 PER COURT :

1.

Mr. Deshmukh, learned counsel submits that the candidature of the present petitioner for allotment of LPG distributorship for Ambejogai (UR), is rejected on the ground of location of the proposed shop. The learned counsel submits that the advertisement was for urban as well as rural area. The area where the site of the present petitioner is depicted is on an area which is to be included in Ambejogai town. Resolution to that effect is also passed by the Ambejogai Municipal Council and the

2 wp 6679.16 said is also forwarded to the Government. The draft notification is also issued.

2.

The learned counsel further submits that the petitioner had given a representation to the Grievance Committee HPCL with regard to his grievance on account of rejection of his candidature.

3.

Smt. Dube, the learned advocate submits that in fact the same has to be in the nature of a complaint / appeal before the Grievance Committee.

4.

In case of rejection of candidature in house mechanism is provided for redressal of the grievance.

5.

It is not disputed that the petitioner has an avenue open before the Grievance Committee against rejection of his candidature. The petitioner has approached the grievance committee by making a representation, the same can be considered as complaint / appeal before the Grievance Committee.

6.

The Grievance Committee shall decide the said appeal / complaint / representation of the petitioner, [Page - 47 (Exhibit - 'E')], on its own merits, in accordance with law, expeditiously, after giving opportunity of hearing to the

3 wp 6679.16 petitioner and preferably within two (2) months. The petitioner shall appear before the Grievance Committee on 27th November, 2017. The petitioner is at liberty to file additional documents if any, before the Grievance Committee.

7.

Till the Grievance Committee decide the complaint, the interim order passed by this court shall continue. 8.

The writ petition is accordingly disposed of. No costs. 9.

In view of disposal of writ petition, civil application also stands disposed of.

[S. M. GAVHANE, J. ] [S. V. GANGAPURWALA, J. ] marathe/Nov.17