SUBIMAL CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the time of hearing of the present appeal preferred against an order refusing to grant any interim relief in the writ-application passed by a learned Single Judge, we decided to hear out the writ-application itself as the fate of the writ-application depended upon the answers to the same questions of law, which are also the points involved herein.

(2.) In the writ-application, the writ-petitioner/appellant, a Fair-Price-Shop owner, has challenged an order dated 30th June 2010, passed by the Director of Rationing, West Bengal. By the said order, the Director of Rationing, in exercise of power conferred under paragraph-26 of the West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2003 (hereinafter referred to as the 'Control Order'), imposed punishment of not only the forfeiture of the entire security deposit made by the writ-petitioner but also delinking of 2,000 APL adult ration cards from the shop in question in the interest of general public & PDS.

(3.) It appears from the record that on a surprise visit to the FPS No. 3079, owned by the writ-petitioner on 11th March 2010, by the inspection team of the Directorate of Rationing, some irregularities in the conduct of the said business were detected. As a result, a notice to show-cause was issued upon the writ-petitioner as to why appropriate action should not be taken against him.