- (1.) On 14.05.2005, respondent No.1, Indian Oil Corporation issued an advertisement inviting applications for selection as Kisan Sewa Kendra ( in short 'KSK') at village Nayala, Distt. Jaipur. In response to the advertisement, number of applications were received. Respondent No.3 and appellant had also submitted their applications. The Dealer Selection Board of respondent No.1, after considering the competing claim of all the candidates, prepared a panel wherein name of respondent No.3 was at serial No.1 and that of appellant was at serial No.2. In the result, Letter of Intent dated 7.9.2005 was issued to respondent No.3. Feeling aggrieved with the selection of respondent No.3 as KSK dealer, the appellant made a complaint to the Central Bureau of Investigation (in short 'CBI') that respondent No.3 was not a resident of village Nayala and she had made a false statement of her residence to obtain the dealership. The CBI taking cognizance of the complaint, recommended respondent No.1 for cancellation as dealership of respondent No.3. In the result, respondent No.1 issued a show-cause notice to respondent No.3 and on not being satisfied by her reply, vide order dated 16.06.2007 revoked her selection as KSK dealer.
(2.) It is to be noted that on receiving a separate complaint against respondent No.3 that she was not a resident of village Nayala, respondent No.1 approached the Collector, Jaipur to inquire and submit report regarding the place of her residence. And on behalf of Collector, Additional Collector vide letter dated 21.11.2005 (Annexure-8) informed respondent No.1 that respondent No.3 was in fact resident of village Nayala. It is also to be noted that in the meantime, CBI had filed a charge-sheet against respondent No.3 for offences under Sections 196 and 420 IPC in the Court of Additional Chief Judicial Magistrate, SPE Cases, Jaipur.
(3.) Aggrieved, respondent No.3 filed Writ Petition No.4554/2007 for quashing of order dated 16.06.2007 whereby respondent No.1 had cancelled her selection as KSK dealer. And during the pendency of the writ petition, the Magistrate vide order dated 17.12.2007 passed in Criminal Case No.191/2006 discharged respondent No.3 of the offences.;