D Y Chandrachud, J. - (1.) Invoking the jurisdiction of this Court under Article 32 of the Constitution, the petitioner seeks the following reliefs: "a) a writ, order or direction in the nature of mandamus commanding the respondents to get the matters of the known and reported cases of adulteration operated by the Mafias referred herein above, investigated through an independent agency preferably CBI; b) appropriate writ of mandamus commanding the respondents to directly transfer the cash subsidy in the bank accounts of the beneficiaries of the kerosene oil on the basis of their Adhar Card or through public distribution system or some other full proof mechanism;.."
(2.) On 23 August 2013 when the petition came up for preliminary hearing, the following directions were issued: "From para 5 onwards the writ petition makes several allegations against Devender Agrawal and one of his relative Dharmendra Agarwal. The petitioner has not however chosen to implead the said two parties as party respondents to the petition. At the oral request of the petitioner, we permit the petitioner to implead the said two persons as party respondent Nos. 2 and 3 respectively. Amended writ petition shall be filed within one week. Notice shall issue only after amended petition is filed." The above order indicates that a substantial part of the factual basis of the petition relates to Devender Agrawal and his relative, Dharmendra Agarwal. This is evident from paragraph 9 of the writ petition, which is extracted below: "9. That Shri Agrawal owns a dozen of petty dealers of diesel and about a dozen of S.P.company petrol pumps in his name or in the names of near relations while the cost of one such petrol pump is about Rs 1 to 1.50 crores. The names of the main petty diesel dealers are: 1) Mukesh Automobiles, Hathras Jalesar Marg, Gangoli Hathras in the fraudulent name of Mukesh Kumar S/o Mahendra Pal Agrawal. Subsequently it was transferred to Nagla Salem (Sadabad Behdoi Marg) All formalities are done by Devender Agrawal @ Mukesh Kumar whereas no allotment can be made in the alias name and the same is contrary to the guideline of the Petroleum Ministry. 2) Petty Diesel dealer license obtained in the name of Pooran Singh S/o Shri Chandrapal Singh Singh at Jalesar Marg, Hathras Junction. 3) Petty Diesel dealer license at Hathras-Jalesar Marg, village Bhopatpur, in the name of Rakesh Agrawal brother of Devender Agrawal. 4) Petty Diesel dealer at Hathras-Sadabad Marg, near Kachhpura (Bisana) in the name of Manohar Lal. 5) Petty Diesel dealer license at Hathras-Aligarh Marg near Hanuman Chowki, Village Basai Qaji, obtained fraudulently in the name of Santosh Kumar S/o Netrapal, servant of Devendra Agrawal. 6) Petty Diesel dealer license in Qasba Mindu at Hathras in the name of Suresh Chandra and partner Shri Deepak Kumar. Deepak Kumar is the brother of the wife of Devendra Agrawal. 7) Petty Diesel dealer license at Hathras-Jalesar Marg, at Nagla Islamia in the name of Praveen Kumar S/o Gopal Dass Agrawal. Praveen Kumar is the brother of the wife of Devendra Agrawal. MAIN COMPANY PETROL PUMPS I) Village Utara Block Sasni, District Mahamayanagar in the name of Prem Prakash Sharma. II) Devende Automobile, Ladpur Block, Hathras, in the name of Deepak Agrawal. Tin No.0962701283C. Depak Kumar is the brother of the wife of Devendra Agrawal. He also has Petty a Diesel License at Qasba Maindu. III) Village Keshopur-Maho Block Hathras in the name of Santosh Kumar, servant of Devender Agrawal. He also has a license for Petty Diesel dealer at Village Basai, near Hanuman Chowki. IV) Rahul Automobiles, Barwana-Hathras Junction to Jalesar Road in the name of Shrawan Kumar Agrawal Tin No.09127502025C. Shrawan Kumar is the brother of the wife of Devender Agrawal. V) Shrawan Kumar Automobile in the name of Devender Agrawal at O Marora (Kajrauth) Block Iglas, District Aligarh. Tin No.09127400903. This Tin No. is in the name of Jai Maa Durga Automobile. Hatheas registered in the name Devender Agrawal. VI) Mayank Automobiles Sonai (Aligarh) owned by Smt.Renu Agrawal W/o Rakesh Agrawal, brother of Devender Agrawal. VII) Pradeep Automobiles, Khtauli-Katailiya (Sasni), in the name of Ramji Lal Agrawal and Pradeep Kumar Tin No.09327401402. VIII) Qasba Vijaygarh, Block Akrabad, Aligarh in the name of Jai Kishore Agrawal, relation of Devender Agrawal. IX) Chandan Automobile, Kuktai, Sadabad-Agra Marg, near Mandi Samiti in the name of Devender Agrawal. There are two Petty Diesel dealer licenses in the name of Deepak Agrawal one at Maindu Hathras and the other in the name of Devender Automobiles at Ladpur-Hathras whereas two such licenses in the name of one person is contrary to the rules." The allegation is that Devender Agrawal owns multiple dealerships for the distribution of petroleum products, and they are held in the names of persons closely related to or associated with him. It is in this view of the matter that this Court considered it necessary to allow the impleadment of the aforesaid individual against whom allegations have been made. On 11 March 2015 the Solicitor General was requested to assist the Court.
(3.) On 26 August 2016 this Court allowed the impleadment of the Ministry of Petroleum and Natural Gas. In the order of this Court, reference was also made to the allegations contained in paragraph 9 of the writ petition. This Court directed a fact finding inquiry into the averments contained in paragraph 9, by an officer of the rank of Joint Secretary to the Government of India, to be nominated by the Secretary in the Ministry of Petroleum and Natural Gas. The relevant part of the order reads thus: "Having heard learned counsel for the parties, we are inclined to direct a fact finding enquiry into the averments made in the above paragraph, by an officer of the rank of Joint Secretary to Government of India, to be nominated by the Secretary, Ministry of Petroleum and Natural Gas. The Enquiry Officer, so appointed, shall look into the allegations, made in para "9" and submit a report, after holding an enquiry into the relevant facts. The petitioner may furnish the details and supporting materials, if so advised, to the Enquiry Officer within two weeks from today. The Enquiry Officer shall be free to take such assistance of the licensing authorities concerned who have issued licences to the dealers concerned as may be necessary. Enquiry Officer shall also be assisted in all respects by the District Administration of the State Government. Needless to say that the Enquiry Officer shall issue a notice to respondent NO.2- Devender Agrawal alias Mukesh Kumar/Agrawal for purpose of holding an enquiry and take into consideration the materials that may be placed on record by him while drawing his conclusion.";