M/S.Sakthi Fuels Indian Oil Dealer v. The Deputy General Manager(Rs)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.25601 of 2018 and WMP.No.29753 of 2018 M/s. Sakthi Fuels, Indian Oil Dealer , rep. by its Partner, Ramakrishna Road, Salem 636 007 ... Petitioner Vs

1. The Deputy General Manager(RS) Indian Oil Corporation Limited, Marketing Division, Salem Divisional Office, No.234, 1st Floor, NH-7, Salem Bangalore Bye-Pass Road, Kondalampatti, Salem 636 010

2. The Chairman & Managing Director, Indian Oil Corporation Limited, Indian Oil Bhavan, Regd. Office G/9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400051

3. Thiru T.Palanikumar, DGM (RS), Indian Oil Corporation Limited, Salem Divisional Office, No.234, 1st Floor, NH-7, Salem - Bangalore Bye-Pass Road, Kondalampatti, Salem 636 010 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari to call for the records of the first respondent in Ref: SLM/ Sakthi/ MDG dated 19.09.2018 and to quash the same.

For Petitioner : M/s.S.Radha Gopalan For Respondents : Mr. Abdul Saleem for R1 & R2

O R D E R

This writ petition has been filed challenging the notice issued under Regulation 8.6 of Marketing Discipline Guidelines issued by the first respondent Oil Corporation.

2. The petitioner is a retail outlet dealer of Petroleum Products of the respondents Oil Corporation. Earlier, alleging some violations, a show cause notice has been issued to the petitioner on 11.04.2018, for which, the petitioner has submitted his reply. Not being satisfied with the same, the present impugned show cause notice has been issued under Regulations 8(6) of the Guidelines giving a personal hearing to the petitioner before passing final orders.

3. The learned counsel counsel appearing for the petitioner submitted that the impugned notice issued by the first respondent is a second show cause notice. Earlier, in the year 2016, a show cause notice has been issued, for which, the petitioner has sent a suitable reply.

Thereafter, the respondents have come to a conclusion that the petitioner has committed the violation and with a prejudiced mind, the second show cause notice has been issued, which is not maintainable in the eye of law.

4. The learned counsel appearing for the respondents submitted that it is not a second show cause notice. It is a notice issued under Section 8(6) of the Guidelines for giving opportunity of further hearing to the petitioner. In the impugned notice, it has been clearly stated that, based on the personal hearing and the reply submitted by the petitioner, appropriate decision will be taken by the Corporation as per the Guidelines.

5. I have considered the submissions made on either side and perused the materials available on record carefully.

6. From a perusal of the records, it is seen that the impugned notice has been issued to the petitioner for personal hearing and the petitioner cannot have any grievance over the same. Hence, this Court finds no merit in the writ petition and the same is liable to be dismissed.

7. Accordingly, this writ petition is dismissed with liberty to the petitioner to approach the first respondent along with necessary documents to substantiate their contention. On filing such objection, the first respondent is directed to conduct enquiry and pass suitable orders, independently, on merits and in accordance with law within a period of twelve(12)

weeks from the date of receipt of a copy of this order. No costs. consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mrp TO

1. The Deputy General Manager(RS) Indian Oil Corporation Limited, Marketing Division, Salem Divisional Office, No.234, 1st Floor, NH-7, Salem Bangalore Bye-Pass Road, Kondalampatti, Salem 636 010

2. The Chairman & Managing Director, Indian Oil Corporation Limited, Indian Oil Bhavan, Regd. Office G/9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400051

3. Thiru T.Palanikumar, DGM (RS), Indian Oil Corporation Limited, Salem Divisional Office, No.234, 1st Floor, NH-7, Salem - Bangalore Bye-Pass Road, Kondalampatti, Salem 636 010 +1cc to Mr.Abdul Saleem, Advocate, S.R.No.23771 +1cc to Mr.S.Radha Gopalan, Advocate, S.R.No.23929 W.P.No.25601 of 2018 SKM(CO) GN(24/05/2022)