JUDGEMENT
-
(1.) We are seized of an intra-court appeal, under Clause X of the Letters Patent, against an order rendered by the learned Single Judge vide which the Civil Writ Petition filed by the appellant has been dismissed.
(2.) The appellant applied for allotment of retail outlet dealership at Rohtak-Hisar Road, Village Behlamba, on National Highway No.10, under General (Women) Category, as specified at Sr. No.54 in the advertisement (Annexure P-1). In her application form, under the head "Capability to Arrange Finance", she claimed to have two separate deposits, in her bank accounts i.e. a sum of Rs. 24,01,000/- (Rupees Twenty Four Lakhs One Thousand Only), in her individual A/c No.80490100080374, and a sum of Rs. 23,00,759/- (Rupees Twenty Three Lakhs Seven Hundred and Fifty Nine Only), in A/c No.80490100043391, which was a joint account in the name of the appellant and her husband. Account statements of both her accounts, from 23.04.2012 to 28.04.2012 and from 01.03.2012 to 28.04.2012, respectively, were appended with the application.
(3.) It would be apposite to point out here, the deposits of an applicant under the above head, was definitely an aspect, to be taken into consideration by the Corporation. In fact, certain marks were to be awarded in this regard, for the purpose of selection and allotment. Concededly, the appellant withdrew a sum of Rs. 10,00,000/- from her individual account and a sum of Rs. 22,00,000/- from her joint account, leaving a balance of Rs.1,00,759/- on 30.04.2012. Indisputably, she also submitted her application along with all the requisite documents and account statements on 30.04.2012. Although, the account statements appended with the application form certified the position as on 28.04.2012, however, the fact remains, the application was submitted on 30.04.2012 and thus, the impression conveyed was that the deposits were intact and continued to exist even on that date. But indeed, the position stood diluted as a consequence of major withdrawals on 30.04.2012 itself.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.