Page No.# 1/4 GAHC030000402023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8/2023 M/s Israel Filling Station R/b its Proprietor Smt. Lucy Ngaihbanglovi A proprietorship concern located at Sairang, Mizoram. r/b its Proprietor Smt. Lucy Ngaihbanglovi D/o John Rotluangliana aged about 36 years R/o Dawrpui, Aizawl, Mizoram. VERSUS Indian Oil Corporation Ltd. and 2 Ors. A Govt. of India Enterprise having its registered office at Indian Oil Bhawan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai - 400051. 2:The Director (Marketing) Indian Oil Corporation Ltd. 3:The Chief Deputy Retail Sales Manager Indian Oil Corporation Ltd. Silchar Divisional Offic Advocate for the Petitioner : Mr. Roshan Subedi Advocate for the Respondent : Mr. Navaneet Kumar Baruah for R1-R3 Page No.# 2/4 ORDER BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA 27.05.2025 Heard Mr. Debujit Senapati, learned counsel for the petitioner. Also heard Mr. N. Baruah, learned counsel for the respondents. 2. The petitioner’s case is that the petitioner entered into agreement with the Indian Oil Corporation Limited (IOCL) on 29.03.2018 for Retail Outlet Dealership of Petrol (MS) High Speed Diesel (HSD) Oil under the name and style of M/S Israel Filling Station at Sairang. Ever since the execution of the agreement, the petitioner has been running her business to the best of her ability. However, on an inspection having been made on 14.07.2022 by the respondents, where no irregularity was found, another inspection was conducted on 23.08.2022. In the second inspection, the inspection team found alleged irregularities and suspended the operation of one dispensing unit, out of the two dispensing units in the filling station. The number of the dispensing unit which was suspended on 23.08.2022 is 201612000397. 3. The IOCL thereafter issued a Show Cause Notice dated 25.08.2022 to the petitioner, listing 7 charges against the petitioner, which were as follows:- “1. In GVR DU Model Number SIQPSD2T 11C3M00 and Sr. No. 201612000397, 'W&M lead seals were missing in electronic control card assembly. Though the wire is visible. No records, letter are found or showed by the dealers representative in support of removal of Lead seal. QRC found this DU in running condition. 2. In HSD, (-) ve stock variation of 7244L beyond permissible limit found. Page No.# 3/4 3. In MS, GVR Make DU, Sr. No 201612000398 delivers 40 mi short in 5L calibrated measure. Sale suspended at totalizer reading of 66368813 (as per DSR) or 1066368613 as per Totalizer Log. 4. DSR and totalizer variation observed HSD1: 3827888 but as per log: 82103827888 HSD2: 190061147 but as per log: 68620190062428 actually 10062428. DSR reading erroneous from 16/07/2022 MS1: 66368597 but as per log: 1066368597. 5. K factor not mentioned in DU Calibration Certificate but it is there in OMC Mechanic report and matched with K factor of DU. 6. No attendants were in uniform. 7. TT Retention Sample not there at RO.” 4. The petitioner thereafter made a reply to the Show Cause Notice dated 25.08.2022 issued by the IOCL on 17.10.2022. 5. The IOCL thereafter issued letter dated 23.11.2022, by making a decision on 4 out of the 7 charges, i.e. pertaining to charge Nos. 4 to 7. 6. The IOCL had however not taken any decision with regard to the Show Cause Notice dated 25.08.2022 pertaining to charge No. 1 to 3. 7. On considering the above facts, this Court is of the tentative view that the respondents cannot be barred from taking a decision with regard to charge Nos. 1 to 3 in the Show Cause Notice dated 25.08.2022. 8. At this stage, Mr. Debujit Senapati, learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with liberty to challenge the decision to be taken by the IOCL. 9. On considering the prayer of the learned counsel for the petitioner and keeping in view the fact that the IOCL has not taken a decision on charge Nos. Page No.# 4/4 1 to 3 of the Show Cause Notice dated 25.08.2022, the IOCL is directed to take a decision on charge Nos. 1 to 3 of the Show Cause Notice dated 25.08.2022, within a period of 4 (four) weeks from the date of receipt of a copy of this order. 10. The competent authority in the IOCL shall give an opportunity of personal hearing to the petitioner prior to taking a decision on charge Nos. 1 to 3 of the Show Cause Notice dated 25.08.2022. A copy of the decision taken shall thereafter be communicated to the petitioner. 11. The interim order passed earlier shall continue till a decision is taken by the respondents. 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant