MD. IRFAN ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner runs a fair price shop and has a kerosene dealership. Vide Notice dated October 13, 2020 (Memo No. 1783/SCFS/ISP/2020), the respondent no. 5 directed the petitioner under Clause 24 (1) of the WBPDS (M and C) Order, 2013 and Clause 9A (i) of WB Kerosene Control Order, 1968 to show cause in writing why penal action would not be taken against the petitioner for contraventions of provisions of the 2013 Order and Clause 6B of the 1968 Order, as amended from time to time (lastly in 2014). The petitioner's reply was to be given at the time of hearing, to be held on October 14, 2020 at 3:00 PM positively, failing which legal action would be taken as per law against the petitioner.

(2.) The petitioner gave a written reply to the show cause notice. However, it was pointed out in the said reply that the petitioner had not been provided minimum time to submit his "show-cause letter" and that the complaint petition had not been attached with the show-cause notice for proper response by the petitioner.

(3.) Vide another notice dated November 6, 2020, respondent no. 5 communicated to the petitioner that the petitioner's shop, being no. 49/CK at Garrah, was kept under suspension "in the interest of the Public Service" with effect from issuing the suspension letter until completion of "the whole proceeding".