RADHA JOSHI Vs. INDIAN OIL CORPORATION LIMITED AND ORS.
LAWS(RAJ)-2015-5-5
HIGH COURT OF RAJASTHAN
Decided on May 01,2015

Radha Joshi Appellant
VERSUS
Indian Oil Corporation Limited And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 6.7.12 issued by the Deputy General Manager (LPG) LPG Group, Rajasthan State Office, Indian Oil Corporation Limited (IOCL), whereby the empanelment of the petitioner for grant of LPG Distributorship, stands cancelled on account of discrepancy/misrepresentation of facts.
(2.) THE relevant facts are that the Public Sector Oil Companies including IOCL invited applications for award of LPG Distributorship for various locations in the State of Rajasthan through an advertisement published in newspaper on 13.3.10. The petitioner and several others applied for award of Indane LPG Distributorship for the location at Sandwa, District -Churu in the category -Open (Women). After scrutiny of the applications, the petitioner was called for interview. The Selection Committee after conducting interviews and evaluation of the merits and demerits of the candidates, awarded the marks under different heads as per the guidelines and norms laid down in the Brochure issued by the Public Sector Oil Companies. As per the statement of the marks prepared by the Selection Committee, the petitioner had scored highest marks than the other candidates and accordingly, was placed in first position. The petitioner secured 98.17 marks whereas, the second and third empanelled candidates secured 94.50 and 91.67 marks respectively. At this stage, on the basis of the complaint lodged regarding submission of false Experience Certificate by the petitioner, IOCL proceeded to investigate the matter. Vide notice dated 12.3.12 issued by the Senior Manager (E), RSO, IOCL, Rajasthan State Office, the petitioner was directed to produce inter alia following documents in proof of genuineness of the Experience Certificate: "(i) Proof of the attendance and the timing for working as Manager for period of 04.04.2004 to 15.10.2005 at M/s. Raj Gas Agency, NH -89, Nokha, Bikaner Road, Dist: Bikaner. (ii) Proof for monthly salary drawn. (iii) Copy of Balance sheet with Income Tax Return showing the salary received during the above period. (iv) Documents with the signature for period of 04.04.2004 to 15.10.2005 as a proof for working at M/s. Raj Gas Agench, Nokha, Bikaner."
(3.) IN response to the said notice, the petitioner furnished the information and documents vide communication dated 20.3.12. The petitioner clarified that she was employed with M/s. Raj Gas Service, Nokha rendering Managerial Services with the working time 3 p.m. to 8 p.m. for the period from 4.4.04 to 15.10.05 and was not employed as Manager as such. The petitioner produced the salary certificate issued by the employer in support of her Experience Certificate. That apart, in response to the communication of IOCL, M/s. Raj Gas Service also clarified the position with regard to the petitioner's employment and also furnished the documents in support thereof.;


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