ABDUS SAMAD FAKIR Vs. STATE OF W B

JUDGEMENT

(1.) THE subject-matter of challenge in this writ application is the order of suspension passed by the respondent No. 5 under his Memo No. 675/sc/fs/ dh/07 dated August 2, 2007 in respect of the MR Distributorship of the petitioner situated at village, P. O. and P. S. Mograhat, Dist. South 24-Parganas. The petitioner further prays for quashing the proceeding initiated against his mr Distributorship on the basis of the show-cause notice dated September 30, 2007.

(2.) SINCE a point of law is to be decided in this writ application on the basis of the admitted facts and circumstances, this writ application is taken up for final disposal with the consent of the parties.

(3.) THE fact of the case in a nutshell is this, a show-cause-notice dated July 30, 2007 was issued to the petitioner by the respondents in connection with the above MR Distributorship of the petitioner. The petitioner submitted his reply dated July 31, 2007 to the above show-cause-notice. Thereafter, the impugned order of suspension dated August 2, 2007 was passed by the respondent No. 5, the proceeding initiated against the petitioner is yet to be disposed of by the respondent authority. According to the petitioner in view of the provisions of paragraph 26 of the West Bengal Public Distribution (Maintenance and Control)Order, 2003, the above order of suspension cannot be sustained in law. According to the petitioner in accordance with the provisions of clause (c) of paragraph 26 of the above Control Order, the concerned Sup-Divisional Controller must forward the explanation/reply of the petitioner of the concerned MR distributorship to the District Controller within ten days from the date of receipt of such explanation/reply, the concerned District Controller in his turn must dispose of the proceeding within one month from the date of receipt of the communication. Since in this case the petitioner submitted his reply to the show-cause-notice on July 31, 2007, the above statutory period to dispose of the proceeding has expired. In view of the above, according to the petitioner, the proceeding under challenge cannot continue and the order of suspension is also liable to be set aside.