SUDHIR KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this judgment we are disposing of an appeal that was preferred from an interim order passed in a writ application filed by the appellant, as well as the writ application itself. The grievance in the writ application relates to the appointment of an M.R. Distributor at Marishdah, P.S. Contai in the District of Midnapore. A notice was issued on 22nd September 1993 by the Sub-Divisional Controller. Food & Supplies, Contai, Midnapore inviting applications for appointment of an M.R. Distributor at Marishdah from " bonafide resident and intending candidates of the locality". The appellant/writ petitioner applied. In accordance with the procedure prescribed for appointment of M.D. Distributor by the department of Food & Supplies, an enquiry was held by the Chief Inspector (F. & S.). A detailed enquiry report was submitted by the Inspector on the basis of the documents produced before him and also on a local inspection. The conclusion of the enquiry report was as follows:

(2.) The report of the Chief Inspector (F & S) was duly placed before the Sub-Divisional Controller (F & S). "The Sub-Divisional Officer considered the enquiry reports submitted in respect of the various candidates and stated that only two applicants out of 9 were eligible for appointment as M.R. Distributor against the vacancy in question "in all respects". These two applicants were (i) Sri Sudhir Kumar Pal (appellant) and (ii) Ms. Saptarshi Enterprise "though in respect of godown space and finance Sri Sudhir Kumar Pal stands in higher position." The Sub-Divisional Controller, however, said, "in respect of practical eligibility it is very difficult to fix any order of priority between these two applicants. Hence, either of the above two applicants can be appointed as an M.R. Distributor at Marishda." The matter was thereafter placed before the District Controller, Food & Supplies. The District Controller Food & Supplies by a note dated 29.12.93 recommended the candidature of the appellant for appointment as the M.R. Distributor for Marishda. The matter was thereafter placed before the Sabhadipati, Midnapore Zilla Parishad. The Sabhadipati passed the following order according to the "note sheet". The second priority case i.e. M/s. Saptarshi Enterprise with 7 partners is hereby recommended for issuing M.R. Distributor License at Marishda. As they have fulfilled the conditions required and most of them are unemployed youths. The matter was thereafter sent back to the District Controller. The District Controller by detailed order dated 2nd June 1994 gave reasons why the candidature of M/s. Saptarshi Enterprise could not be accepted. He again proposed the candidature of Sudhir Kumar Pal. The candidature of the appellant was again placed for the approval of the Sabhadipati. The Sabhadipati again chose M/s. Saptarshi Enterprise. That decision, however, is not on record.

(3.) The writ petitioner filed a writ application sometime in 1994 (referred to as the lst petition) challenging the decision of the Sabhadipati in favour of M/s, Saptarshi Enterprise. Initially an interim order was granted staying the operation of the order of the decision of the Sabhadipati. M/s. Saptarshi Enterprise then filed an affidavit in the first petition stating that they were not in a position to run the business and as such they were no longer interested in being M.R. Distributor for Marishda. In view of the affidavit of M/s. Saptarshi Enterprise that they were not interested in the appointment, the first writ application was disposed of on 6th December 1995 with the following order;