1 wp10148-10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.10148 OF 2010 Dr.[Smt.]Archana Sharad Pawar Age 33 yrs. Occ-Medical Practitioner, R/o Majalgaon C/o Pawar Hospital, Near New Bus Stand, Majalgaon District Beed. ..Petitioner Versus 1] The Union of India Through its Secretary, Department of Petroleum New Delhi. 2] Hindustan Petroleum Corporation Through its Zonal Manager-Retail 17, Jamshedji Tata Road, Mumbai-400 020 3] Smt.Rupali w/o Sandip Kulkarni Age 37 years, Occ-Household R/o Sirargaon Tq. Partur Dist.Jalna 4] The Selection Committee Through its Sub-Divisional Sales Manager, Hindustan Petroleum Corporation Ltd. G-39, Town Center CIDCO, Aurangabad-431 003. ..Respondents .... Mr.S.B.Talekar, Advocate for petitioner Smt.Anjali Dubey,Adv.for respondent no.2. Mr S.R.Yadav, Advocate for respondent No.3. .... 2 wp10148-10.odt CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 11TH OCTOBER,2011 PER COURT 1] Rule. Rule is made returnable forthwith. By consent of parties, petition is heard finally. 2] The petitioner participated in the selection process of allotment of petrol pump against an advertisement published on 15th August 2009 for running outlets for Partur- 2 Km from Ashti Phatta toward Ashti, Jalna, (category- OPW). The petitioner is a second empaneled candidate. The petitioner has filed objection on 13/2/2010 addressed to Senior Regional Manager, H.P.C.L. Ltd. Aurangabad. By communication dated 23/7/2010, the Senior Regional Manager, Retail, intimated the petitioner by deciding the complaint. The substance of the communication dated 23/7/2010 which is attached at Exh.G to this petition reads as under : “Madam, We make reference to your letter dated 13.02.2010 in respect of selection of proposed retail outlet dealership at location “Partur”, Dist.Jalna wherein you have made a complaint regarding selection of 1st empanelled candidate Smt.Rupali Sandeep Kulkarni and against Selection Committee alleging that selection committee has awarded “no marks” for income. In this connection, we wish to advise that your complaint was investigated by 3 wp10148-10.odt Sr.Officer nominated by competent authority in line with the prevailing grievances redressal procedure. The investigating officer had given a personal hearing to you on 07/05/2010 to listen to your complaint. We wish to advise you that basis the investigation, it is now inferred that there is no merit in the complaint. Hence, complaint is treated as closed. We thank you for showing interest in establishing our retail outlet at location “Partur”, Dist.Jalna. Thanking you.” 3] Consequent to the notice issued, the respondent H.P.C.L. filed affidavit in reply and the candidate empaneled at Sr.No.1 respondent no.3 Smt.Rupali Sandip Kulkarni too filed affidavit in reply. After considering the material placed before us and the submissions advanced by learned counsel for the parties, we are of the view that the Senior Regional Manager, Retail, H.P.C.L. Ltd. ought to have passed a brief reasoned order while disposing of the application filed by the petitioner raising certain grievances. In view of the facts, we find it appropriate to remand the matter back to the concerned Grievance Redressal Committee, H.P.C.L. Ltd. 4] For the reasons stated above, the communication made vide Exh.G addressed to the petitioner, is quashed and set aside and the matter is remanded back to the Grievance Redressal Committee of H.P.C. Ltd. We direct the Grievance Redressal Committee of H.P.C.L. Ltd. to pass a brief reasoned order in respect of the application/complaint raised by the petitioner 4 wp10148-10.odt addressed to the Senior Regional Manager, H.P.C.L. Ltd. Aurangabad in respect of the subject advertisement. The Committee/concerned officer is entitled to go through the complete record, hear the necessary parties before passing a reasoned order as directed by us, within 6 weeks from the date of receipt of copy of this order. Till the committee decides the complaint and communicates its decision to the petitioner, the company shall not take any further steps in respect of allotment of petrol pump to the empaneled candidate. Rule is partly made absolute in above terms. No costs. 5] It is clarified that we have not expressed any opinion in respect of merits of the issues raised by the parties in this petition. (T.V.NALAWADE,J. ) ( NARESH H. PATIL,J. ) umg/wp10148-10