C.W.P. No.12669 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12669 of 2007 Decided on :16-12-2008 Harkirat Singh ....Petitioner VERSUS Indian Oil Corporation Ltd. & others. ....Respondents CORAM:-HON'BLE MR. JUSTICE HEMANT GUPTA. HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3.Whether the judgment should be reported in the Digest ? -.- Present:- Mr. Akshay Bhan, Advocate for the petitioner. Mr. Ashish Kapoor, Advocate for respondent Nos. 1 and 2. Mr. Chanan Singh, Advocate for respondent No.3. HEMANT GUPTA, J The challenge in the present writ petition is to the order dated 20.3.2007 (Annexure P-13), whereby representation of the petitioner against the allotment of Kissan Sewa Kendra at Gidderpindi, District Jalandhar, Punjab, granted to Sarbjit Kaur, was decided against the petitioner. The petitioner, Ajitpal Singh and Sarbjit Kaur were the three candidates, who submitted their applications for the retail outlet dealership of Kissan Sewa Kendra at Gidderpindi, District Jalandhar. Sarbjit Kaur was found suitable. This Court while deciding an earlier writ petition, issued certain directions to the respondents and in pursuance of the said order, a speaking order has been passed on 20-03-2007, whereby the various C.W.P. No.12669 of 2007 -2- aspects taken into consideration by the Selection Committee have been given in detail, before deciding to grant retail outlet to Sarbjit Kaur. On the last date of hearing i.e. 26.11.2008, Mr. Ashish Kapoor, learned counsel for the Indian Oil Corporation Ltd. has produced the records pertaining to the outlet dealership. It was argued that the father of the petitioner and the father of Ajitpal Singh, the other candidate are real brothers. The Bank certificate produced by Ajitpal Singh dated 30.5.2005 reflected balance of Rs.15,52,644.48 as on 10.05.2005. The petitioner has got another Bank certificate issued on 30.5.2005, reflecting balance of Rs.15,15,793.97 as on 11.05.2005. It was contended that the petitioner got the money from his cousin Ajitpal Singh and produced a Bank certificate in support of his financial worthiness. It was a case of circulation of money between two candidates. In view of the said statement, the petitioner was called upon to furnish Bank transaction certificate from 1st January, 2005 till 30th June, 2005. The Bank Manager of Punjab and Sind Bank, Sultanpur Lodhi was directed to communicate the bank transactions of Ajitpal Singh in sealed cover for the same period. Today, the learned counsel for the petitioner has fairly admitted that in fact, the amount was transferred from the account of Ajitpal Singh and thereafter, he has got the certificate from the Bank, produced before the Indian Oil Corporation Ltd. In view of the said fact, the argument raised by the petitioner in respect of his financial soundness falls to the ground. However, learned counsel for the petitioner has argued that Sarbjit Kaur has been given 17.34 marks for capacity of land and infrastructure though she had no land in her name. The land was transferred on 04.09.2006 i.e. after the meeting of the Selection Committee. C.W.P. No.12669 of 2007 -3- Mr. Ashish Kapoor, learned counsel for the Indian Oil Corporation has produced the record, wherein Sarbjit Kaur has attached the consent letter of her father to transfer the land in favour of his daughter. In view of the said consent, Ms. Sarbjit Kaur was assigned 17.34 marks, though the document of title were executed in her favour thereafter. It is thus, contended that the marks have been assigned correctly to Ms. Sarbjit Kaur and allotment made in her favour. In view of the availability of infrastructure with Sarbjit Kaur, we find that no illegality or irregularity is involved in selection process which may warrant interference by this Court. Dismissed. (Hemant Gupta) Judge 16th December 2008. (Augustine George Masih) Monika Judge