B.S.CHAUHAN, DILIP GUPTA, J. - (1.) THIS writ petition has been filed for quashing the order dated 02.08.2005 passed by the Senior Divisional Retail Sales Manager of the Indian Oil Corporation Ltd. by which he has cancelled the merit panel prepared by the Selection Committee on 21.10.2003 for retail outlet at Etawah City, Category Open (W), Marketing Plan 1996 -98.
(2.) THE respondent authorities invited applications for allotment of retail outlet dealership of Indian Oil Corporation at various places including the city of Etawah. Large number of persons applied for the same and after scrutinizing the applications, interview was held on 20th and 21st October, 2003. A panel of three candidates was prepared wherein the petitioner was placed at serial No. 1. However, as no Letter of Intent was issued in favour of the petitioner, she filed a writ petition before this Court for issuing a direction to the respondents to execute the contract in her favour. The said writ petition has been dismissed by us today as having become infructuous as subsequently, the said panel was cancelled by the impugned order dated 02.08.2005. The said order is based on the order dated 28.01.2004 issued by the Head Office. Shri S.S. Upadhyaya, learned Counsel appearing for the petitioner contended that once the panel had been prepared, it could not have been cancelled without giving any opportunity of hearing to the petitioner and that, in any event, it could have been cancelled only for good and valid reasons. He further submitted that for dealership at Jhansi, a different treatment was given and the selection was not cancelled even though the panel had been prepared by the same Selection Committee.
(3.) ON the contrary, Shri Prakash Padia, learned Counsel appearing for the Indian Oil Corporation submitted that immediately after the panel was prepared, large number of complaints were received; one Member of the Selection Committee was found indulging in indecent activities in a hotel with two girls and a criminal prosecution had been lodged against him; on the complaint of people at large including the applicants of some other places, an Inquiry Committee was set up to find out as to whether the panel prepared by the Selection Committee of which Shri Ajai Pal Singh Gulia was a Member, stood vitiated. The Committee investigated the matter and submitted the report to the effect that the panel was not prepared fairly as the said Shri Gulia had favoured certain candidates including the present petitioner. There was, therefore, no option left with the Corporation but to cancel the said panel. For the dealership at Jhansi, a different stand had been taken for the reason that it was exclusively reserved for the ex -servicemen and as there was only one applicant, there was no possibility of any favouritism, nepotism or corruption.;