SWANTIKA Vs. INDIAN OIL CORPORATION LTD

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has sought direction directing the respondents to carry-out re-inspection of the retail outlet of the petitioner; quashment of inspection report dated 15-11-2009 and show cause notice dated 24-11-2009 and by amending the petition and relief clause, further it has been prayed that the order dated 15-1-2010 (Annexure-P/8) terminating the dealership of petitioner's retail outlet be quashed and lastly it has been prayed that action on the part of Indian Oil Corporation Authorities on the basis of Marketing Discipline Guidelines is bad in the eye of law.

(2.) The case of the petitioner is that petitioner is a dealer of M/s Indian Oil Corporation Limited since the year 1995 and having unblemished record in customers' service and no allegation of malpractice has ever been alleged against it.

(3.) The dispensing unit installed at the retail outlet of the petitioner belongs to petroleum company and regular maintenance of machines are also carried out by the officials of the Indian Oil Corporation Ltd. (in short "Oil Corporation"). On 11-11-2009 the official of the Company carried out routine maintenance of dispensing Unit of the retail outlet and nothing incriminating was found. The maintenance report is Annexure-P/2. The officers of Weights and Measures Department also put their seals on the dispensing unit in respect of delivery. According to the petitioner in case of tampering with the delivery system in the machine, the seal of the Weights and Measures Department is required to be broken, but they were found intact. On the next day i.e. 12-11-2009 a team of officials belonging to the Oil Corporation carried an inspection and they allegedly found a wiring and a switch on three dispensing units. The report in that regard is filed as Annexure-P/3. The inspection team did not find any variation in the stock nor found any product which could be termed as adulterated, but, found that three machines were giving short delivery although seals were intact.