JUDGEMENT
SUBRATA TALUKDAR,J. -
(1.) In this writ petition challenge is thrown to the
impugned show cause notice dated 23rd April, 2013 issued by the Indian
Oil Corporation Ltd. (for short IOCL) against the sole proprietorship
firm of the writ petitioner. By the show cause notice the writ petitioner
was called upon to reply regarding the genuineness of a handwritten
Credit Worthiness Certificate dated 15th December, 2006 issued by the
Bank of India (for short BOI), Motihari Branch, Bihar submitted by the
writ petitioner along with his application for selection as a retail
outlet dealer of the dealership in issue, being located on Vivekananda
Road, District -North 24 Parganas off the Dunlop Bridge/BT
Road/Dakshineswar Traffic Point (hereinafter referred to for short as the
said dealership).
(2.) The short facts presented by Sri Bikash Ranjan Bhattacharya, Ld. Senior Counsel for the petitioner are that the petitioner applied for the
said dealership, as per the terms advertised and, was selected at the
close of a rigorous selection procedure. The Letter of Intent (for short
LOI) was issued in favour of the petitioner on 9th August, 2007 and the
petitioner, upon completion of the formalities, received the letter of
appointment on 13th August, 2007. Pursuant to the said LOI and the letter
of appointment the petitioner has been functioning as a dealer of the
said petroleum retail outlet to the satisfaction of IOCL. In this
connection Sri Bhattacharya submits that an agreement was also executed
between IOCL and the petitioner on 17th August, 2007.
(3.) During the functioning of the said dealership the appointment of the petitioner was challenged in a writ petition by one Ashoke Kumar Kundu,
being the second empanelled candidate to the selection. Such challenge
was mounted on the platform of several alleged discrepancies in the
documentary affidavits submitted by the petitioner while claiming the
said dealership.;
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