PASUPATI NATH SINGH Vs. IBP COMPANY LIMITED

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner for quashing the order dated 11.7.2006 (Annexure -16) by which the respondent -General manager (Eastern Region) for IBP Company Limited has terminated the retail outlet/dealership of the petitioner for dealing in motorspirit (petrol slash, HSD and lubricants of the said Company).

(2.) I have heard Shri Y.V. Giri, Senior Advocate in support of the writ application, Shri K.D. Chatterjee appearing on behalf of IBP Company Limited and the learned State Counsel appearing on behalf of respondents No. 4, 5 and 6 who are State officials in the Department of Weights and measures, Government of Bihar and with consent of parties, the writ application is being disposed of at the stage of admission itself. Parties have exchanged affidavits and the pleadings are complete.

(3.) IT is not disputed that for dispensing diesel, the petitioner has two units being diesel dispensing unit No. 1 and diesel dispensing unit No. 2. These dispensing units have, apart from other seals, a seal referred to as the totalizer seal. On 8.5.2003, an inspection was carried out by IBP officials and the totalizer seal in the diesel dispensing unit No. 2 was repaired by them. This seal is a plastic seal with the name of Company embossed thereon. On 21.5.2003, the State Government provided for payment of fee in respect of such totalizer seals thereby taking the power to verify and seal of the totalizer in the hands of the Weights and Measures Department under the provisions of the Standards of Weights and Measures (Enforcement) Act, 1985 and the rules framed thereunder. In view of the aforesaid, on 14.11.2004, the petitioner deposited fee with the Weights and Measures Department for verification and seal of all such dispensing units, in view of the change in law aforesaid, the seals put by the Company were now to be replaced by seals put by the Weights and Measures Department but it was not so done immediately. On 18.3.2005, inspection was conducted by the officials of IBP Company and all the plastic totalizer seals, as put by the Company, were found intact. On 20.10.2005, an inspection was conducted by the State officials of the Department of Weights and Measures and while verifying the seals, they inadvertently broke the totalizer seal of diesel unit No. 2. This was then replaced by State officials by their metal seal on 1.11.2005. On 22.10.2005, an inspection was conducted by the Sales Officer of IBP Company who found that the Companys plastic totalizer seal, as put on diesel dispensing unit No. 2, was broken and consequently recommended for initiation of proceedings for taking action against such unauthorised interference with the plastic totalizer seal of the Company. On 23.10.2005, the staff of the petitioner, on noticing the aforesaid fact, informed the Inspector of Weights and Measures Department that the petitioner had deposited fee for verification and sealing which had not been done and the same may be done and, as stated above, they came and verified and sealed the same on 1.11.2005.