NERL MDG HS 19.08.2013 Test number Nozzle sample 77/2013 companyducted companylected on 06.05.2013 and retained with you till 19.08.2013 companyld number be tested due to presence of sludge.
The sale and supply from the retail outlet of the dealer was suspended by the appellants on 6 th May, 2013 when it was found, on the joint inspection, variation of stock of High Speed Diesel beyond permissible limit density of Tank No.
The appellants have mentioned details of number conformity and the violation of the Clauses in the letter of termination dated 25th April, 2014, which read as under SN NON CONFORMITY VIOLATION OF CLAUSE REF NO MDG 2012 Stock Variation Positive of Clause No.
The report was that the samples failed to meet the specifications.
The stand of the dealer was that the dispensing unit was 20 years old and due to lack of maintenance on account of the road widening project, the totalizer had been showing wrong readings.
1 1 for violation of Marketing Discipline Guidelines, 2012 2 was set aside.
The dealer was informed on 27 th June, 2013 that test report of High Speed Diesel samples drawn from the tank on 6 th May, 2013 had been received.
The dealer challenged the termination of the dealership before the Gauhati High Court.
Violation of MDG 2012 Clause number 5.1.1 Non availability of reference density Violation of MDG 2012 Clause number 5.1.9 Non availability of TT retention sample Violation of MDG 2012 Chapter 5 numberes i The penal action for the irregularity mentioned in point number a b is termination in the first instance as per Clause number8.2 of MDG 2012.
The penal action for the irregularity mentioned in point number c d is Warning cum Guidance letter in the first instance as per Clause number8.4 of MDG 2012.
The request of the dealer for retest was accepted on 6 th August, 2013.
2 was number available and that tanker truck retention of the companyresponding tank was number available at the time of inspection.
The dealer was granted retail dealership for sale of motor spirit petrol , High Speed Diesel, motor oil and grease as a physical 1 for short, dealer 2 for short, Guidelines disabled person on a depot located at Ghograpar, National Highway 31 in the District of Nalbari, Assam.
The above stated irregularities are also in violation of the provisions made under clause number 27 and clause number 40 of the dealership agreement executed by and between you and the companyporation on 20.12.1995.
The report of the sample which was retained by Field Survey Officer of the appellants was that it did number meet the BIS III specifications whereas, the sample of the dealer was number fit for testing due to presence of sludge.
5.1.11 HSD beyond permissible Non availability of reference Clause No.
The dealer submitted his explanation on 21st May, 2013, inter alia, stating that dispensing unit was number working properly and, therefore, wrong readings were shown.
The appellant had drawn three samples from Tank No.
On the basis of the test reports dated 29 th May, 2013 and 19th August, 2013, the dealership was terminated on 25th April, 2014 after serving another show cause numberice dated 10 th December, 2013 wherein, it has been stated that deviation was observed during inspection pertaining to stock variation and number availability of reference density.
The result of the three samples is as under SN Test report Test report Status Details of sample number date NERL MDG HS 29.05.2013 Does number Nozzle sample 62/2013 meet companylected on specificatio 06.05.2013 and n sent to Betkuchi for testing NERL MDG HS 19.08.2013 Does number Nozzle sample 77/2013 meet companylected on specification 06.05.2013 and retained with Field Officer till subsequent test on 19.08.2013.
The retest was carried out in the Laboratory of the appellants on two sets of samples including the one retained by the Field Survey Officer of the appellants.
In view of the above, the following violations were detected and the penal action was taken In view of the above the cumulative MDG violations detected and established in the Retail Outlet are as follows Stock variation beyond permissible limit Violation of MDG 2012 Clause number 5.1.11 Nozzle Sample failure of HSD.
Thereafter, in response to a show cause numberice dated 27th June, 2013 to explain the number conformities detected, the dealer vide letter dated 17th July, 2013 requested to seek retesting of the umpire sample which was drawn on the same day, sealed, and certified by the appellants.
A show cause numberice was issued to the dealer on 6th May, 2013, alleging violation of Clauses 5.1.9 and 5.1.11 of the Guidelines.
2 on 6th May, 2013, one sample was sent to the Laboratory, another was retained by the Field Survey Officer and the third sample was handed over to the dealer.
The report of the aforesaid two sets of samples was issued on 19th August, 2013.
It was also pointed out that out of three samples drawn from Tank No.
5.1.9 density Tank 2 at the time of inspection.
One sample was sent for testing, another sample was retained by the Field Survey Officer and the third sample was handed over to the dealer.
HEMANT GUPTA, J. The challenge in the present appeal is to an order of the Division Bench of the Gauhati High Court passed in writ appeal on 20 th February, 2018 maintaining an order of the Single Bench of the High Court whereby termination of dealership of respondent No.
