1 11WP.2330-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2330 OF 2011 Ku.Sushila Zipar Chavan. ..Petitioner. Vs. Union of India and another. ..Respondents. .... Mr.Prashant D. Patil, Advocate for the Petitioner. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 09th AUGUST, 2011 P.C. 1. Heard learned Counsel for the petitioner. 2. Writ Petition is directed against the communication dated 29.1.2010 issued by the competent authorities of Respondent No.2 whereby the name of the petitioner which was empaneled for the allotment of LPG distributorship for location Surgana, District – Nashik, came to be cancelled. 3. Considered the contentions canvassed by learned Counsel for the petitioner. In the instant case, following facts are not in dispute : [I] the petitioner was called for interview on 31.10.2008. [II] result of the interview was declared on 27.11.2008 and the petitioner along with other two were the empaneled candidates. PPD 2 11WP.2330-11 [III] the field investigation report in respect of the application and documents submitted by the petitioner was conducted by the Officers of the Department on 9.12.2009 and found following deviations : “A) Your signature on the application is at variance vis-a-vis signature on the documents at the time of FIR. B) Under item no.13A1 of the application, land for godown belongs to Shri. Narayan Gavit who is not a member of your family unit as per definition of Family unit given in the text of the advertisement dated 6.9.2007. The information given in affidavit (Annexure `C') therefore is not true. C) Under item 14.2 of the application, the amount with Dena Bank a/c. No.77629 as on date of the application i.e. 8.10.2007 is shown as Rs.3,02,279/-. The amount was not retained for three months from the date of the application. Bank balance in the saving account number 77629 as on 31.3.2008 is Rs.35,213/-. The transaction prior to 31.3.2008 is on 7.11.2007 and balance on 7.11.2007 is Rs.33,879/-. As per the terms of advertisement, the amount shown in the application form should remain in the bank for minimum period of 3 months from the date of application or the date of interview whichever is earlier. You may also refer the clause 14.2 AMOUNT IN THE BANK as per advertisement dated 06/09/2007 for the said location wherein this was clearly mentioned. D) Fixed Deposits shown under item no.14.3 of the application belong to your relative and friends who do not form part of your family unit. E) Credit worthiness certificate issued by Dena Bank does not specify the amount of loan proposed to be given while credit worthiness certificate issued by Girija Mata Patsanstha cannot be considered as it is not a scheduled bank.” 3 11WP.2330-11 4. In view of the above deviations, by impugned communication dated 29th January, 2010, the name of the petitioner, which was empaneled, came to be cancelled. 5. Learned Counsel for the petitioner could not or has not denied the fact that these deviations were noticed by the Field Officer during the enquiry. In that view of the matter, cancellation of name of the petitioner from the empanelment by impugned communication is just and proper. The action taken is sustainable in law. Petition, therefore, suffers from lack of merits. Same is dismissed. (D. D. SINHA, J.) (A. R. JOSHI, J.)