- (1.) Petitioners were running a retail outlet dealership at Mohammadabad, District Farrukhabad of Indian Oil Corporation Ltd. in the name and style of M/s Dhirpur Multi Center. The said dealership has been terminated by order dated 20.12.2007 passed by the General Manager of Indian Oil Corporation Ltd. (hereinafter referred to as "IOC") and the appeal has been rejected by Appellate Authority (respondent No. 3) by order dated 21.7.2009. These are the two orders impugned in this writ petition.
(2.) The facts giving rise to the present dispute as stated in the writ petition may be stated as under.
(3.) The Petitioner's dealership commenced in 1976. He was appointed as an authorized dealer of IOC for supply and sale of high speed diesel, motor spirit (Petrol) and other lubricants vide letter dated 16.5.1976. An inspection was made at Petitioner's premises on 16.8.2006 by the Divisional Engineer. He detected some leakage and that was repaired by person concerned deployed for the said purpose. The Petitioner claimed to have paid an excess sum of Rs. 1,98,433/- to IOC inasmuch the distance from Filling Station, Agra to Moradabad (to and fro) was 240 kilometres but Petitioner was required to deposit by calculating the distance 440 kilometres whereagainst Petitioner repeatedly represented and required the department to refund excess amount. The aforesaid complaint remained unheeded. The Petitioner brought this fact to the notice of a Member of Parliament, Sri Chadra Bhushan Singh, elected from Farrukhabad constituency who raised the question in Parliament also as communicated to Petitioner vide letter dated 26.4.2007. The Respondent-IOC and its officials got prejudiced from Petitioner for this reason. They managed a surprise inspection on 24.5.2007 at 1.00 P.M. without giving any opportunity to Petitioner and pursuant thereto suspended his dealership by order dated 24.5.2007 (Annexure 4 to the writ petition). A show cause notice was issued to Petitioner on 12.6.2007 which was replied by him on 21.6.2007. Petitioner challenged the order of suspension in writ petition No. 42692 of 2007. The Court by order dated 8.12.2007 required Respondent-IOC to inform the final order, if any passed in the matter. The General Manager, thereafter passed order dated 20.12.2007 terminating the dealership. Petitioner challenged the termination order in Writ Petition No. 47182 of 2008, which was dismissed on 10.9.2008 relegating the Petitioner to avail alternative remedy of appeal. Petitioner, thereafter, preferred an appeal vide memo of appeal dated 1.10.2008 which has been rejected by means of the impugned appellate order dated 21.7.2009.;