- (1.) Ref: Delay Condonation Application For the reasons stated in the affidavit, filed in support of Delay Condonation Application, as the same constitutes sufficient cause for condoning the delay in filing Special Appeal, the Delay Condonation Application is allowed.
(2.) Special Appeal is treated to have been filed well within time. Ref: Special Appeal
(3.) Brief background of the case is that Hindustan Petroleum Corporation Ltd. (hereinafter referred to as the 'corporation') issued an advertisement dated 2.7.2009 for the grant of retail outlet dealership for location situated on Kubersthan to Padrauna Road between Km. Stone 8 to 10 on MDR 161-E District Kushinagar, U.P. in open category. Pursuant to the said advertisement, Anil Kumar Jaiswal and Subhash Chandra Upadhyaya both applied for consideration of their candidature in consonance with the terms and conditions of the advertisement dated 2.7.2009 for allotment of retail outlet dealership. Interview for the select panel was held on 25.11.2009 and the result was also declared on the same day wherein Subshash Chandra Upadhyaya was placed at serial no. 1 and Anil Kumar Jaiswal was placed at serial no. 2 in the select panel dated 25.11.2009. Thereafter, Anil Kumar Jaiswal had a feeling that manipulations have been made and in this background he made a complaint against preparation of select panel dated 25.11.2009 and the said complaint was considered by the authority in accordance with the procedure provided to deal with the complaint by the competent authorities and therein on the basis of recommendations, so made, select panel dated 25.11.2009 was rescinded vide order dated 14.4.2010 and second interview took place on 20.8.2010 wherein Anil Kumar Jaiswal was placed at serial no. 1 in the select panel, so prepared and Subhash Chandra Upadhyaya was placed at serial no. 2.;