2021 Supreme(Cal) 23

IN THE HIGH COURT AT CALCUTTA
Ravi Krishan Kapur, J.
Dalgobinda Deogharia – Petitioner
Versus
State of West Bengal and Ors. – Respondents
WPA 2570 of 2020
Decided On : 21-04-2021

Point of Law : Consumer Goods - kerosene dealer licensed - No reason for the Director, District Distribution, Procurement and Supply Department of Food and Supplies, Government of West Bengal to be bound by the order of the Director of Consumer Goods for reinstatement of the kerosene dealership upon imposition of a monetary penalty.

Headnote:

West Bengal Public Distribution System (Maintenance and Control) Order, 2013 – West Bengal Kerosene Control Order 1968 – Fair Price Shop – Dealer License – Petitioner is a fair price shop dealer and is also a kerosene dealer licensed under West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and West Bengal Kerosene Control Order 1968 –Area Inspector (Food and Supplies) visited shop premises of petitioner and sealed same since shop had remained closed without prior intimation to concerned authority–Sub-Divisional Controller issued a show-cause notice to petitioner and also directed suspension of his dealership on inter-alia grounds that shop of petitioner had remained closed and that petitioner had not furnished weekly or monthly distribution reports or returns for period January, 2019 to June, 2019 notwithstanding fact that food-grains had been allotted to petitioner–Upon receiving replies to show cause notices from petitioner, Sub-Divisional Controller, Food and Supplies directed petitioner to appear at hearings on 25 July and 31 July 2019 respectively. – Thereafter, Sub-Divisional Controller, Food and Supplies passed an order terminating dealership of the petitioner’s fair price shop dealership and kerosene dealership by two separate Memos alleging violation of provisions of Control Order 2013 and Control Order 1968 – Being aggrieved by orders passed by Sub Divisional Controller, Food and Supplies, petitioner preferred an appeal before District Controller Food & Supplies against Memo in connection with Fair Price shop dealership – Petitioner also preferred an appeal before Director of Consumer of Goods against Memo in connection with the termination of his kerosene dealership.

Finding of the court : Court have perused impugned order – Court find from records that petitioner had unequivocally admitted to several irregularities and discrepancies which have been enumerated in order before Sub-Divisional Controller, Food and Supplies Department – It was found that petitioner had violated provisions of 2013 Control Order and dealership of petitioner had been terminated. – Petitioner also admitted to fact that there was an illegal insertion of a line at his instance in a letter signed by Area Inspector, Food and Supplies Department – As a principle of law, admissions if true and clear are by far best proof of facts admitted. – Court find that reasoned order was justifiably passed on basis of relevant materials before Sub-Divisional Controller, Food & Supplies Department – Court also find no procedural impropriety nor perversity nor illegality nor contravention of any law in the impugned orders passed by respondent authorities. – Petitioner had been given an adequate opportunity of hearing before passing of impugned order – Court also find that there has been no violation of principles of natural justice. – There is no unfairness shown by respondent authorities. – Court is also of view that order of Director of Consumer Goods passed in connection with Kerosene Oil dealership has no binding effect on order passed by Director, District Distribution, Procurement and Supply Department of Food and Supplies, Government of West Bengal. – These are two separate and distinct adjudicatory authorities for two separate dealerships and parameters of adjudication cannot be compared to one another. – Court find no reason for Director, District Distribution, Procurement and Supply Department of Food and Supplies, Government of West Bengal to be bound by order of Director of Consumer Goods for reinstatement of kerosene dealership upon imposition of a monetary penalty.–It is also well settled that a writ court does not ordinarily interfere with quantum of punishment levied without sufficient reasons – Court find that petitioner has failed to demonstrate any reasons to interfere with impugned order. – Authorities cited by petitioner are distinguishable and inapposite to facts of instant case.

Result : WPA Dismissed