IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2205 of 2008 INDIAN OIL CORPORATION Versus BABY ROY ----------- 3. 1.10.2008 Heard Mr. K.D.Chatterji, learned counsel appearing on behalf of the applicant Indian Oil Corporation (I.O.C.), seeking modification in the order dated 13.5.2008 in C.W.J.C.No. 7511/2008. The grievance of the applicant I.O.C. against the aforesaid order is that when the said order was passed by this Court, there existed circular of I.O.C. dated 28th February, 2007 which, inter alia, provided that: “19. Procedure for handling of Grievances/complaints The following steps are recommended for handling of grievances/complaints with regard to selection of dealers in case of KSK * Screening of complaints by a Committee consisting of 2 officers (of „D‟ grade and above) one each from Retail & LPG Discipline from with in the State Office to be nominated by State Retails Head and State LPG Head. * Screening Committee will submit its report to State Retail Head who 2 will forward it to State Head with his recommendation. * State Head will take further decision and in case any investigation is required State head will nominate an investigating Officer of minimum „D‟ grade and above for the same. ” On the basis of aforementioned provisions in the circular it is being sought to be canvassed that this Court ought to have referred the matter only to the State Head at the level of Patna office. This Court is not in a position to accept the said submission for the simple reason that it was after conscious application of mind by this Court while passing the aforementioned order that as the decision has been taken for Patna office, the matter should be decided by the authority of I.O.C. who has got no direct day to day dealings and connection with the Patna office. For that purpose the Managing Director of I.O.C. was asked to nominate an Officer of the rank of General Manager. Considering however the fact as mentioned in this application to the effect that the Managing Director is not directly 3 dealing such matter and the General Manager (retail sales), who has issued the circular dated 28.02.2007, is the appropriate authority, this Court would modify the order dated 13.5.2008 to the extent that in stead of Managing Director it is the General Manager (retail sales) at the level of head office of I.O.C. who would now select an independent officer not below the rank of General Manager and infact above the rank of officer(s) of I.O.C. at Patna office who had taken the impugned decision for allotment of KSK Dealership as specifically directed in the order of this Court dated 13.5.2008. Such nomination must be made within 15 days of receipt/production of a copy of this order and the nominated officer must dispose of the representation/grievance petition of the writ petitioner within 90 days thereafter. It is, however, clarified that earlier order and this order has been passed in the peculiar facts of this case and will not be taken as a precedent for any other future cases. With the aforementioned observation 4 and modification in the order dated 13.5.2008, to the extent indicated above, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/