Sangeet Lodha, J. - (1.) THIS writ petition has been filed by the petitioner questioning the legality of the order dated 26.12.14 issued by Chief Terminal Manager, Indian Oil Corporation Limited (IOCL), Jodhpur and the order dated 31.12.14 issued by Deputy General Manager (O), RSO, IOCL, whereby the contract awarded to the petitioner firm for transportation of bulk Motor Spirit/High Speed Diesel (MS/HSD) Ex Jodhpur Terminal, stands terminated and its all the Tanker Trucks (TTs) with TT crew have been blacklisted for a period of two years. That apart, notice to show cause dated 19.11.14 issued by the Chief Manager, IOCL, Jodhpur Terminal, initiating the proceedings for termination of contract and blacklisting of TTs is also impugned.
(2.) THE relevant facts are that in the month of September, 2011, the IOCL issued a Notice Inviting Tender (NIT) for transportation of bulk MS/HSD from Ex Jodhpur Terminal to various destination. The petitioner firm, which is engaged in business of road transportation since from the year 1986, submitted its tender. The rates offered by the petitioner being found most competitive, it was declared successful bidder and the contract was finalised in its favour. Accordingly, vide work order dated 12.7.13, the petitioner was awarded the contract for operating TTs for transportation of bulk MS/HSD supplies Ex Jodhpur Terminal for a period of two years i.e. from 1.5.12 to 30.4.14, with an option of extension for one year at sole discretion of IOCL. The details of 76 TTs put for disposal of IOCL was also enclosed with the work order. Subsequently, the contract awarded was extended for a period of one year i.e. upto 30.4.15. As per clause 2.0 of Industry Transport Disciplinary Guidelines ('Disciplinary Guidelines'), which forms part of Tender Bid Document and has also been declared to be forming part of agreement/contract, it is obligatory for carrier to provide TT fit in all respect to carry petroleum products with license of Explosive Department, Calibration Certificate issued by Weights & Measure Department and with requisite compliance as prescribed under Motor Vehicles Act, 1988. Under clause 2.3.7 of the Disciplinary Guidelines, it is obligatory for the carrier/owner of TTs to get the vehicle calibrated either from Calibration Station of the Oil Company or at the specified service station as directed by respective Petroleum Company.
(3.) THE controversy involved in the present writ petition, relates to TT bearing registration No. RJ -30 -G -1976 referred to at Serial No. 43 in the list attached to the work order issued in favour of the petitioner, which was put in use for contract work for last three years. Since the calibration certificate of the TT in question was expiring on 18.10.14, the petitioner firm submitted a letter dated 10.10.14 alongwith requisite fee and last calibration certificate issued by the Legal Metrology Department to the authorities of IOCL for carrying out inspection for issuing calibration certificate. The TT was queued up for calibration, outside the service station of Salawas Terminal of IOCL on 10.10.14, which was called up for inspection on 15.11.14 and entry gate pass was prepared. After inspection, a check list was prepared on 15.11.14, approving certain specifications/columns and indicating certain repairing works to be carried out. For carrying out the repairing/maintenance work pointed out, the carrier drove out TT from service station under outward gate pass and thereafter, after carrying out suggested repairing work, the TT in question was again driven in at service station, Jodhpur Terminal, Salawas, for inspection on 17.11.14 at 8.30 a.m.;