BANKEY SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The debatable question in this writ petition is: Whether in alloting quota of coal for earring on trade and business in coal, the Food and Civil Supplies Department can impose the condition that the applicant should file an affidavit along with the application form to the effect that neither the applicant nor his father or brother or any of his family member and or his partner was ever been convicted in any criminal case and/or any criminal case him been filed against him and/or pending or not ; and whether the said condition has any rationale and nexus for alloting quota of coal to a person who is a licensee of coal under the Essential Commodities Act and Orders made thereunder.

(2.) The petitioner have been carrying on business in eoai since the year, 1965 except for the years 1977 to 1980. On 5th July, 1988 an advertisement was published by the State Govenment for appointment of coal agents for a period of three years commencing from 1st November, 1988 to 3rd October, 1991 (Annexure -1). The relevant Clause 11(Gha) in Roman and english translation thereof are as follows:

(3.) The petitioner filed affidavits stating that neither they nor their lather nor their brother nor any member of their family has ever been convicted under the Essential Commodities Act nor case under the Essential Commodities Act has been filed or pending against them and their licences have never been cancelled under any Control Order -vide Annexures -2 and 2/1. The application for the petitioners' appointment were, however, rejected on the ground that the petitioners' affidavits were not in accordance with Clause 11(Gha) and further the petitioners did not enclose sales -tax clearance certificate -vide Annexure -3.