JUDGEMENT
RAKESH SRIVASTAVA, J. -
(1.) HEARD Sri Keshri Nath Tripathi, learned senior counsel assisted by Sri Nitin Kumar Agrawal Sri Prakash Padia, learned counsel for the
respondents. Sri Prakash Padia has also placed before this court the
relevant record of the case.
(2.) THE Indian Oil Corporation Limited (Marketing Division) Uttar Pradesh, Noida invited tenders for road transportation of Bulk ATF
products Ex -Mathura terminal. The bid of the petitioner was accepted and
a letter of intent dated 14.6.2012 was issued to the petitioner by the
respondents, and thereafter on 12.7.2012 the work order pertaining to 11
tanker trucks, mentioned in the said order for transportation of ATF Ex
Mathura terminal was also issued to the petitioner. The work order is for
a period of two years w.e.f. 12.7.2012 to 11.7.2014 with an option of
extension of one year, in accordance with the terms and conditions
mentioned in the said order.
The petitioner deposited the security money and started operating. The petitioner has now been served with a letter dated 25.4.2013 in
which it has been stated that in tanker truck no. UP 85 S 9228 and UP 86
9762 irregularities were detected as a result of which the contract of the petitioner and the 11 trucks covered by the said contract have been
blacklisted for a period of two years w.e.f. 18.2.2013.
(3.) THE petitioner has challenged the order dated 25.2.2013 primarily on the ground that no opportunity, whatsoever, was afforded to the
petitioner before the impugned order was passed. In support of their case
the petitioners have also relied upon a case reported in 2009(6) ALJ 236,
M/s Kesarwani Transport Co., Jaunpur vs. Union of India & Ors.;
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