STATE OF TRIPURA Vs. BHUPATI CHAKRABORTY

JUDGEMENT

(1.) This appeal is directed against the order/Judgment dated 26-2-1996, passed by the learned Single Judge in Civil Rule No. 90 of 1996. The State of Tripura preferred this appeal.

(2.) In the writ petition, the petitioner (respondent herein) challenged the order bearing No. F.8 (12)-DF/81/909-16 dated 31-3-1996, issued by the Officer-in-Charge, Agartala Rationing Authority, Agartala, by which the appointment of the petitioner as dealer of Fair Price Shop No. 33, Abhoynagar, Agartala was kept suspended.

(3.) The petitioner's (respondent herein) case was that he was appointed as a Fair Price Shop dealer by the Director of Food and Civil Supplies, Government of Tripura (respondent No. 3 in the writ petition) vide order dated 30-8-1975 for Fair Price Shop No. 33 at Jagatpur, Abhoynagar. The Food Inspector lodged an F.I.R. against the petitioner in the month of July, 1994 and all the documents of that Ration Shop had been handed over to the Food Inspector on 13-7-1994. The respondent No. 4 (appellant No. 4 herein), the Officer-in-Charge, Agartala Rationing Authority, Government of Tripura, Agartala asked the petitioner to show cause regarding the irregularities of the said Fair Price Shop, the petitioner furnished his reply. Pursuant to the requisition of the respondent No. 4, the petitioner also deposited some documents/registers to the respondent No. 4. Thereafter, on 31-1-1996 the respondent No. 4 issued a suspension order which was impugned in the writ petition amongst others on the ground that the respondent No. 4 who issued the impugned order had no authority/competance to issue such suspension order. According to the petitioner, any suspension order could only be issued by the Director, Food and Civil Supplies, respondent No. 3 in view of Clause 3 (2) of the Tripura Foodgrains (Distribution) Control Order, 1972, and as such the impugned order being issued by incompetent authority was liable to be quashed.