MADAN LAL AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this writ petition, the petitioner is the holder of a licence of dealership under the West Bengal Urban Public Distribution system (Maintenance and Control), Order 2003 (the "2003 Order" in short). He has challenged in this writ petition the legality of a proceeding initiated against him alleging violation of the certain provisions of the said order, which resulted in cancellation of his licence. The charge against him in substance, is detection of excess shortage in stock. The show cause notice in this regard was issued on 6th August 2007 alleging breach of the provisions Clauses 17, 18(i) and 20(i) of the 2003 Order. The petitioner had replied to the show cause notice denying the allegations. On 13th September 2007, after he submitted his reply, an order was issued temporarily suspending his licence.

(2.) THE petitioner had made a representation after receiving the suspension order, seeking information as to how long the order of suspension would remain in force. According to the petitioner, this representation was made as there was no indication in the order of suspension the length of time during which such order was to subsist. Thereafter, another notice was issued by the Director of Rationing on 26th September, 2007 requiring appearance of the petitioner for hearing on 27th April, 2007. There was an apparent mistake in the said notice as the notice itself was issued on 26th September 2007, and the date of hearing obviously meant 27th September, 2007. Treating the date of hearing to be 27th September, 2007, the petitioner participated in the hearing on that date. It has been pleaded in the writ petition that in course of hearing, the petitioner's counsel had sought for the documents relied upon in the show cause notice but these were not supplied. It appears that in course of hearing, on behalf of the petitioner it was argued that no ingredient of any offence under the 2003 Order was reflected in the show cause notice. On 9th October, 2007, the authority concerned passed an order imposing punishment of termination of licence and also forfeiture of the entire security money which was deposited by the petitioner.

(3.) ON remand, the matter was fixed for hearing on 23rd November, 2007 for fresh hearing before the Director of Rationing, being the respondent No.3. After such hearing, on 6th December 2007, the Director of Rationing passed an order sustaining the order passed by him on 9th October 2007. This order is under challenge in the present writ petition. The petitioner has also challenged the legality of the proceeding initiated against him on 6th August 2007 as also the subsequent orders passed by the Director of Rationing, suspending his licence and thereafter terminating the same as well as the order passed by the appellate authority.