DINABANDHU ADAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE subject matter of challenge in this writ application are the order of suspension of MR dealership of the petitioner passed by the respondent no. 7 under memo no. 1340/1 (8)/sfs/2002 dated November 18, 2002 as also the order of termination of the above dealership passed by the same respondent under his memo no. 228/1 (6)/sfs dated February 25, 2005.

(2.) THE petitioner was appointed as a MR dealer and Kerosene Oil dealer in Kuliapara under Balagarh Police Station District Hooghly. The petitioner was running as MR Dealership on the basis of an agreement dated September 20, 1992 (hereinafter referred to as the said agreement) executed by and between the State of West Bengal and the writ petitioner. The petitioner was running his Kerosene Oil was running his Kerosene oil dealership dealer on the strength of a licence issued by the respondent authority under paragraph 6 of the West Bengal Kerosene Control Order 1968.

(3.) A show-cause notice was issued by the respondent no. 7 under his memo no. 1268/sfs dated October 31, 2002 in respect of the above MR dealership of the petitioner directing him to show-cause as to why disciplinary action would not be taken against him for the purported irregularities mentioned therein. By an order issued under memo no. 1340/sfs dated November 18, 2002 the respondent No. 7 informed the petitioner that the submissions of the petitioner dated November 15, 2002 on the above show-cause notice were found to be unsatisfactory. The MR dealership of the petitioner was suspended in exercise of powers conferred upon the respondent no. 7 under clause 17 of the said agreement. The Kerosene Oil licence of the petitioner was also placed under suspension. The petitioner preferred an appeal dated December 16, 2002 before the respondent no. 5 against the above order. The respondent no. 5 by an order as communicated under memo no. 429/g/sfs dated April 30, 2002 affirmed the order of suspension which was passed by the respondent no. 7 in connection with the above MR dealership of the petitioner but set aside the order of suspension of kerosene oil retail licence of the petitioner.