CENTRAL COALFIELDS LTD. Vs. ALOK GLASS INDUSTRIES

JUDGEMENT

(1.) THOUGH this appeal was directed to be linked with LPA Nos. 290 and 291 of 2001, considering the nature of the submissions made before us and the limited point involved we delink this appeal from those appeals and we are finally disposing of this appeal by this judgment.

(2.) COUNSEL on both sides were heard in detail.

(3.) THE learned single Judge in the judgment under appeal, has directed the CCL to give an opportunity of hearing to the respondent Alok Glass Industries and then to decide the question of continuing the supply as per the linkage. After all, once supply is being made, the same cannot be stopped without giving that person an opportunity to show that the quantum of coal that was being supplied as per the linkage, was not being properly utilized by him. The direction in that behalf is justified. But, the other direction that the report of the Industries Department should not be made use of by the CCL does not appear to us to be necessary or proper. After all, whatever may be the source of information, it is the duty of the CCL to ensure that the coal supplied by it is not being mis -utilised. But based on any such information clearly it is not open to the CCL to stop supply without giving an opportunity to the concerned allottee to coal to show cause against any action that may be proposed by the CCL based on the information that it has gathered. In that view, we think that the direction by the learned single Judge, in the judgment under appeal to the effect that the CCL cannot act on the report of the District Industries Centre, cannot be justified. It calls for interference. We set it aside. The only direction called for is not to withhold or suspend the supply of coal as per linkage based on such information without giving an opportunity of hearing to the concerned allottee.