LAWS(KER)-2023-1-205

SUPER GAS AGENCIES Vs. DISTRICT COLLECTOR

Decided On January 24, 2023
Super Gas Agencies Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The writ petition is filed challenging Ext.P10 order passed by the District Collector imposing a fine of Rs.10,000.00 on the petitioner in exercise of the powers under Sec. 7 of the Essential Commodities Act, 1955 (for short, 'the Act').

(2.) The petitioner is a distributor of Liquefied Petroleum Gas (for short, 'LPG') of Indian Oil Corporation. Based on Ext.P6 complaint regarding leakage of the LPG cylinder filed by the 3rd respondent, a customer, the District Collector passed Ext.P10 order finding the petitioner guilty under the LPG (Regulation of Supply and Distribution) Order, 2000 (for short, 'the Order, 2000') and imposing a fine of Rs.10,000.00 under Sec. 7 of the Act.

(3.) According to the petitioner, the 1st respondent has no authority to impose fine under Sec. 7 of the Act or under the Order, 2000. Apart from the question of jurisdiction of the District Collector to impose fine, the petitioner has also challenged the order on merits as well as on the ground of violation of the principles of natural justice.