RAJESWAR PANDEY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this writ application challenging the order passed by the Controller of Legal Metrology, Orissa in Appeal Case No.52 of 1999 communicated vide Annexure-1 on the ground that the same has been passed without assigning reasons, as the same emanated from compounding notice dated 21.08.1998 of the Senior Inspector, Legal Metrology, Rourkela.

(2.) The factual matrix of the case, in hand, is that Steel Authority of India Limited is a Government of India Public Sector Undertaking. The Rourkela Steel Plant is established for manufacturing and marketing quality steel in the domestic as well as international market. Due to change of business and economic scenario, after adopting the liberalization policy by the Government of India, the Rourkela Steel Plant confronted with steep competition both in domestic and international market and, as a token of its commitment of various traders/authorities, it streamlined its material dispatch schedule and business activity to cope with the requirement and to have edge in competitive market.

(3.) The Rourkela Steel Plant has installed number of Weigh Bridges at different places inside its plant premises to facilitate weighment of materials before dispatch and the said Weigh Bridges are regularly maintained and periodically verified by the competent authority under the provisions of Standard of Weights and Measures (Enforcement) Act, 1985 and Rules made thereunder. The petitioner is in-charge of Weigh Bridges installed and maintained in Cold Rolling Mills of Rourkela Steel Plant. While the petitioner was so continuing, the Senior Inspector of Legal Metrology, Rourkela inspected the Cold Rolling Mills of Rourkela Steel Plant on 06.07.1998 at about 12.30 PM and such inspection was caused without any prior notice. As per his inspection report dated 06.07.1998, notice for compounding was served on the petitioner with a direction to pay compounding fees to the tune of Rs.6,000/- as penalty for alleged violation of the provision of the Standard of Weights and Measures (Enforcement) Act, 1985 within 15 days of receipt of the notice. The said compounding was done without any notice and without giving opportunity of being heard, when a valid certificate of verification was issued by the authority concerned till 10.02.1999. Challenging the said compounding notice, the petitioner preferred Appeal Case No. 52 of 1999 and the Controller of Legal Metrology-opposite party no.2, without considering the contention raised in the appeal itself and without assigning reasons, rejected the appeal vide impugned order communicated in Annexure-1 dated 23.09.2003. Hence, this writ application.