- (1.) We have heard learned counsel for parties and perused the pleadings of writ petition.
(2.) The brief facts leading to filing of this writ petition are that the impugned order of termination besides being totally illegal and arbitrary is also completely without jurisdiction since there is no provision under the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, Marketing Discipline Guidelines, 2005 and G.O., dated 05.08.2008 for termination of licence by the District Magistrate. Clause 6.1.1 (c) of Marketing Discipline Guidelines, 2005 provides that :- "If the sample is certified to be adulterated, after laboratory test, a show cause notice should be served upon the dealer and the explanation of the dealer sought within 7 days of the receipt of the show cause notice. If the explanation of dealer is not satisfactory, the company should take penal as given in Appendix-1".
(3.) Paragraph 11 of G.O., dated 05.08.2008 provides that the punishment in event of any malpractice by the Retail Outlet Dealer has to be prescribed by the Authorized Officer of the Oil Company. In the present case termination order has been passed by O.P. No. 2 and not by the officer of the oil company, and hence, is illegal, arbitrary and without jurisdiction.;