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M/S Sehkari Bhandar Cooperative … vs Union Of India & Ors. on 29 January, 2018

Hon’ble Mr Justice Sanjay Kumar Gupta, Judge.


For the petitioner(s) : Mr. K.S. Johal, Sr. Advocate with Mr. J. I. Balwan, Advocate.
For the respondent(s): None for respondent Nos.1 & 5.

Mr. R. Koul, Advocate for respondent Nos.2 to 4.

i/ Whether to be reported in Yes/No
ii/ Whether to be reported in Yes/No

1. The case of the petitioner is that petitioner is a registered Society under the
Cooperative Societies Act. S. Sudershan Singh Wazir is duly elected
President of the petitioner-Society. Applications were invited by the Indian
Oil Corporation for Retail Outlet Dealership at Railway Road, Jammu.
Number of candidates applied for the same. Interview for the selection of
this Retail Outlet Dealership was conducted by the Dealer Selection Board
on 20th /21st of March, 2001. Thereafter a select list was notified in which
the petitioner was placed at Sr. No. 2 and one Capt. Brij Padha at Sr. No. 1.
Petitioner made a complaint against Capt. Brij Padha, the empanelled
candidate at Sr. No. 1 for making false declarations which was investigated
under the directions of the Dealer Selection Board. The Dealer Selection
Board during the course of investigation found that the claim of Capt. Brij
Padha was deficient and therefore, recommended the name of the
empanelled candidate at Sr. No. 2 i.e. the petitioner Society for the allotment
of the retail outlet. The allotment of Retail outlet to the petitioner was also
referred for inquiry to Director General Anti Adulteration Cell, Ministry of

OWP No. 569/2010 Page 1 of 8
Petroleum and Natural Gas, New Delhi which was thoroughly looked into
by the Director General Anti Adulteration Cell, who after inquiry,
communicated back to the Secretary, Ministry of Petroleum and Natural Gas
that the allotment made was absolutely in order. Then a complaint was
registered by the CBI against the President of petitioner-society along with
three other persons namely P. K. Yadav and Pamposh Wattal, both officers
of IOC, and third one namely Vinod malhotra, Chief Town planner JDA, on
30.8.2003 u/s 120-B read with 420, 465,468 and 471 RPC and 5(2) read
with 5(1) (d) of J&K Prevention of Corruption Act. The matter was
investigated and final closure report was submitted before Sp. Judge
Anticorruption, which was accepted on 25.02.2005. In the meantime I/0 in
the case asked vide letter dated 10.3.2005 to DIG, CBI, ACR Chandigarh
for cancellation of IOCL Retail Outlet allotted to M/S SBCCS Ltd by
conduction a fresh inquiry on the claims of M/S SBCCS Ltd based on which
allotment was made, and to take appropriate action against P.K.Yadav the
Sr. DM Jammu as deemed fit. That IOC has cancelled the petitioner’s Retail
Outlet Dealership on 13.10.2005 vide communication No.JMDO/Retail.

Source: IK

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M/S Sehkari Bhandar Cooperative … vs Union Of India & Ors. on 29 January, 2018


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