A.Y.KOGJE,J. - (1.) This appeal is preferred by Bharat Petroleum Corporation Limited (hereafter referred to as "the Corporation" for short) and its territorial manager against the oral judgment dated 10.05.2013 passed in Special Civil Application No.7619 of 2011.
(2.) By the impugned judgment, the Single Judge has allowed the petition filed by the respondent and quashed the order dated 20.08.2010 (Annexure-G), which pertains to the termination of agreement of dealership of the respondent (Original Petitioner).
(3.) Brief facts are that the respondent was selected by the corporation for allotment of the dealership at Harij which was reserved for the category of women of Scheduled Caste. On being selected, the respondent made necessary arrangements for developing infrastructure to facilitate the running of dealership at her own cost. The dealership agreement came to be executed between the corporation and the respondent on 15.03.2008 and thereafter, supplementary agreement which was for the period of 15 years was also executed. On 22.07.2009, the Officer of the Quality Control Cell of the corporation checked and inspected petrol pump. During inspection, they found the stock to be proper, density was proper and thereafter, checked delivery of petrol and diesel from the dispensing unit, however, on rechecking, the team found shortage of 210 Ml. in its delivery. It is on account of this short-fall in delivery through the dispensing unit, a show-cause notice dated 14.09.2009 came to be issued upon the respondent to show cause within a period of 7 days against the irregularities alleged, for taking action which would include termination of dealership. A reply to the show-cause notice was given by the respondent vide her reply dated 30.09.2009 and thereafter, the respondent was communicated with decision dated 20.08.2010, under which the agreement of dealership of the respondent with the corporation was stood terminated with immediate effect. It is this decision, which was subject matter of challenge in the writ petition, which ultimately came to be quashed under the impugned oral judgment. ;