BODRUL ALAM MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the proprietor of M/s. National Oil Trading Company. License was issued in favour of his proprietorship firm by the Director of Consumer Goods, respondent no. 2, to carry on business as an agent in kerosene oil from the depot for supplying it in markets in the whole of the sub-division of Uluberia in the District of Howrah.

(2.) A show cause notice dated September 12, 2008 was issued by the Joint Director of Consumer Goods, Government of West Bengal to the petitioner conveying to him certain irregularities detected by a special checking team that had visited his kerosene oil business centre, when he was found to be absent. The notice referred to a report dated November 19, 2008 of the District Controller (F & S), Howrah, respondent no. 4, and called upon the petitioner to explain within 7 days why departmental action shall not be taken against him for violation of the terms and conditions of the license issued to him.

(3.) The reply to the show cause notice was given by an advocate engaged by the petitioner by her letter dated September 22, 2008. It was contended therein that the show cause notice suffered from want of jurisdiction inasmuch as it is the District Magistrate, Howrah who had the authority to issue such notice and not the Joint Director. Reference was made to paragraph 9 of the West Bengal Kerosene Control Order (hereafter the Control Order) and to an unspecified judicial pronouncement. A prayer was, accordingly, made for withdrawal of the show cause notice.