JAGDISH LAL GUPTA Vs. DIRECTOR OF RATIONING

JUDGEMENT

(1.) By this application filed under Article 226 of the Constitution, the petitioner seeks to have an order dated 26th May, 1972 suspending the appointment of the petitioner as an Appointed Retailer in respect of the Area Rationing Shop No. 2805 in Hare Street Sub Area, Central Zone under the Rationing Officer at Bowbazar cancelled and/or rescinded. The petitioner's shop is situated at room No. 2 at No. 8/2, Hastings Street, Calcutta. The petitioner was appointed as a Retailed Dealer and/or Retailer in ration to sell rationed articles including rice, wheat etc. in accordance with the provisions of the West Bengal Rationing Order, 1964. The facts culminating in the making of the application as stated by the petitioner in the petition are set out here-under.

(2.) A complaint was lodged in the Hare Street Police Station by one Shivaji Das Gupta, a resident of No. 36. Aianta Road, Calcutta-32 that the employees of the petitioner had sold one kg suji to the said Shivaji Das Gupta at rupee 1.30 p. The petitioner on the basis of the aforesaid complaint was put under arrest and was kept detained in the police custody. The petitioner was released on bail by the Chief Presidency Magistrate on the following day. On 23rd May. 1972 a physical verification of the stock in the ration shop of the petitioner was made and the stock book and other books of the petitioner were seized and taken away by the Police.

(3.) By a letter dated 26th May, 1972, written by the Director of Rationing. West Bengal to the petitioner the petitioner was asked to show cause to Shri S. K. Chandra, W. B. C. S., S. O. Intial Area--I who was appointed an Enquiring Officer within 7 (seven) days from the receipt of the said notice as to why the appointment of the petitioner as an appointed retailer should not be revoked under sub-paragraph 5 of Paragraph 3 of the West Bengal Rationing Order 1964 on the grounds mentioned in the said notice dated 26th May, 1972. The said grounds were stated to be (1) the case instituted against the petitioner and his employees for selling suji at Re. 1.30 p. per kg. instead of Re. 1.14 p. to one Shivaji Das Gupta and (2) discrepancies found in the stock of the petitioner's ration shop when physical verification was made on 23rd May, 1972. The particulars of the discrepancies in the stock were enclosed to the said notice.