P.Karthi v. The Regional Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.10043 of 2018 and WMP.Nos.11998 and 11999 of 2018 P.Karthi
...Petitioner
Versus
1. The Regional Manager, Hindustan Petroleum Corporation Limited, Coimbatore Regional Office, HP-House, No.18/3, Big Bazaar Street, Coimbatore 641 001.
2. The Joint Director of Explosives, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-34.
3. The Chief Vigilance Officer, Hindustan Petroleum Corporation Limited, Petroleum House, No.17J Maya Road, Church Gate, Mumbai.
4. R.Loganathan ... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein proceeding of the draw for selection of RO Dealership dated 22.8.2016 and declared as selected candidate in the 4th respondent is illegal and quash the same and a consequential direction to direct the 3rd respondent to conduct preliminary enquiry for the selection on 22.8.2016 and order readvertise under the category of backlog vacancy.
For Petitioner : Mr.Yogesh Kannadasan For Respondents : ...
O R D E R
This Writ Petition is directed against the impugned order dated 22.8.2016 passed by the 1st respondent and to quash the same with a consequential direction to direct the 3rd respondent to conduct preliminary enquiry for the selection of the 4th respondent by the 1st respondent on 22.8.2016 and to order for readvertisement under the category of backlog vacancy. 2.
The case of the petitioner is that the 1st respondent made an Advertisement in the year 2014 for running a retail outlet of the Liquified Petrol Bunk at Velampalayam on Muthu Kangeyam Road (SH 189). While so, in the Notice Board and Web Site of the 1st respondent, the results for the same was declared on 22.8.2016 stating that the 4th respondent R.Loganathan was selected to run the Liquified Petrol Bunk at Velampalayam on Muthu Kangeyam Road (SH 189) as eligible and qualified candidate. But according to the learned Counsel for the petitioner, the very same R.Loganathan was found ineligible by the 1st respondent on 16.8.2016. Therefore, the learned Counsel submitted that there is a cloud of suspicion in the selection of the 4th respondent and it is not known what has happened between 16.8.2016 and 22.8.2016. Hence, such selection of the 4th respondent is liable to be investigated and quashed and a direction has to be issued for readvertisement under the category of backlog vacancy.
2.
Heard the learned Counsel for the petitioner. 3.
On the face of the records, this Court is unable to entertain the writ petition due to long passage of time. May be the petitioner is correct in saying that the 4th respondent was found ineligible on 16.5.2016, but surprisingly, he was found eligible on 22.8.2016. But, it is not known how the petitioner had kept quite and slept over the matter for almost two years. Therefore, the Writ Petition is liable to be dismissed on the ground of delay in approaching the court.
4. In the result, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar tsi
To
1. The Regional Manager, Hindustan Petroleum Corporation Limited, Coimbatore Regional Office, HP-House, No.18/3, Big Bazaar Street, Coimbatore 641 001.
2. The Joint Director of Explosives, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai-34.
3. The Chief Vigilance Officer, Hindustan Petroleum Corporation Limited, Petroleum House, No.17J Maya Road, Church Gate, Mumbai.
+2cc to Mr.Yogesh Kannadasan, Advocate SR.No.30156 & 29919 W.P.No.10043 of 2018 VGI(CO) GN(04/05/2018)