SAMARENDRA NATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Petitioner prays for an Order commanding upon the Respondents to withdraw and cancel the Order dated 28.2.2005 (Annexure- P/2); the Order dated 2.3.2005 (Annexure-P/3); and the Order dated 24.5.2005 (Annexure- P/5). By reason of the Order dated 28.2.2005, the Director of Consumer Goods, Government of West Bengal issued a show-cause-cumsuspension Order whereby and whereunder, and on the basis of allegations contained therein, he proceeded to suspend the SK Oil Licence No. CG/K. Oil/Sham/89/478 of the Petitioner?s Firm being M/s. Balaram Bhandar and also directed the dealer to appear with reply to the said show cause notice for a personal hearing.

(2.) BY reason of the Order dated 2.3.2005, the Director of Consumer Goods directed the Petitioner to appear before him on 7.3.2005 with his reply in relation to the allegations contained therein.

(3.) ON the aforementioned dates, i.e. on 28.2.2005, the Show cause-cum-Suspension Order was issued for allegations contained therein and finally, the licence was cancelled by the final Order dated 24.3.2005. The Petitioner appears to have filed a Representation on 18.4.2005 but that was not considered and the Petitioner was told that the Representation cannot be considered by the Director unless the Petitioner filed an Appeal before the Appellate Authority. According to the Petitioner, he filed an Appeal on 18.4.2005 but by a Memorandum dated 25.8.2005 as contained in Annexure-P/8, the Assistant Director of Consumer Goods informed the Petitioner to submit his Appeal before the Food Commissioner.