- (1.) This intra court appeal is as against the order dated 22nd May, 2012, whereby the learned Single Judge admitted the writ petition and another order dated 22nd May, 2012 rendered in stay application no. 3559/2012, whereby the learned Single Judge stayed the operation of order dated 24th March, 2012 passed by the appellants-respondents.
(2.) Shorn of unnecessary details, the facts of the case, in nub, are that pursuant to advertisement in news paper namely Times of India and Rajasthan Patrika on 13th March, 2010 for the appointment of LPG Distributorship at Pratap Nagar, Jaipur, the respondent-petitioner M/s. Raghav Bharat Gas through its Proprietor Naresh Kumar Gupta applied for Pratap Nagar LPG Distributorship and submitted an application dated 3rd May, 2010 in requisite proforma along-with relevant documents. On the basis of application duly supported by relevant documents and the interview, the appellantsrespondents issued a Letter of Intent dated 7th April, 2011 to the respondent-petitioner and Distributorship agreement dated 5th September, 2011 was signed by both the parties. It is averred that one clause of the application form was to the following effect, where the applicant was required to furnish the correct information, which runs thus: "Clause-15: Have you ever been convicted or charges have been framed by the court of law for any criminal offence involving moral turpitude and / or economic offence (other than freedom of struggle)? (If yes, then you are not eligible to apply. )
(3.) The respondent-petitioner gave a certificate to the effect that he had read the conditions applicable for the LPG Distributorship mentioned in the advertisement and confirmed that he fulfilled the eligibility criteria for the LPG Distributorship, he had applied for in the said application. Along-with this application, he had also submitted Notorized affidavit dated 30th April, 2010, wherein in clause 5, he had made the following statement: "That I have never been convicted nor charges have ever been framed against him by any court of law for any criminal offence involving moral turpitude and / or economic offences (other than freedom of struggle). " ;