STATE OF WEST BENGAL Vs. BRIJMOHAN GUPTA

JUDGEMENT

(1.) This appeal raises various questions about an order of suspension of a dealer appointed under the West Bengal Rationing Order, 1964 and also challenges an enquiry into certain alleged complaints as to why the dealership of the respondent should not be cancelled. Before we deal with the questions raised in this appeal, which are many and various, it will be relevant to refer to certain facts which the learned Trial Judge has noted.

(2.) One Brij Mohan Gupta, who was the original petitioner before the learned Trial Judge, was appointed the authorised Rationing dealer under the West Bengal Rationing Order, 1964. He is the Proprietor of a Ration Shop No. 3437 at 166/4, Prince Anwar Shah Road, Calcutta. On the 19th Dec. 1981 the officers of the Food Department, Government of West Bengal seized certain records of the said shop, being registers, books of accounts and cash memos and removed the same from the shop. The petitioner thereafter and on the same day filed a complaint before the Officer-in-charge, Lake Police Station as also the Director of Rationing, West Bengal. It was alleged by the appellant, on the other hand, that as the officers of the appellant were coming out of the shop along with the documents, they were attacked by some people and the documents were seized from them at the point of certain weapons. Thereafter the petitioner moved an application on 20th Dec. 1981 under Article 226 of the Constitution claiming, inter alia, issue of an appropriate writ directing the respondents to act in accordance with law, not to suspend the authorised ration shop of the petitioner or delink the ration cards herefrom or tag such ration cards to any other ration shop, release the seized documents of the petitioner and also for cancellation of the suspension order. Thereafter, the learned Judge at the invitation of the parties appointed the Special Officer. These are the undisputed facts upon which the learned Trial Judge had proceeded and we shall have to proceed on the basis of these facts. It would, however, be relevant to set out certain annexures to the said petition. On 23rd Dec. 1981 there was a communication to the Deputy Controller of Rationing, Government of West Bengal by the Rationing Officer, Ballygunge, where it has been stated as follows:--

(3.) Before we refer to the West Bengal Rationing Order, 1964 we may refer to certain provisions of the Essential Commodities Act under which the West Bengal Rationing Order, 1964 had been issued by the State Government. Section 3 of the Essential Commodities Act empowers the Central Government to control production, supply, distribution, etc. of the essential commodities. It provided that if the Central Government was of the opinion that it was necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing any essential commodity for the Defence of India or the efficient conduct of military operations, the Central Government might, by order, provide for regulating or prohibiting the production, supply and distribution thereof and, trade and commerce therein. Sub-section (2) empowers an order to be made, for various purposes, without prejudice to the generality of the powers conferred by Sub-section. (1). Sub-section. (2) (j) provides as follows and empowers an order to be made :