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IN THE HIGH COURT AT CALCUTTA
BIBEK CHAUDHURI, J.
Proiz Nashir - Petitioner
Versus
State of West Bengal & Ors. - Respondents
WPA No. 22630 of 2019
Decided On : 14-08-2023
FAIR PRICE SHOP - SUSPENSION AND TERMINATION OF LICENSE - WEST BENGAL PUBLIC DISTRIBUTION SYSTEM (MAINTENANCE & CONTROL) ORDER, 2013 - WEST BENGAL KEROSENE CONTROL ORDER, 1968 - Show-cause notice must contain specific and clear charges - Vague and general charges render the notice invalid - Failure to supply copies of enquiry report and non-proposal of penal action in show-cause notices caused serious prejudice to the interest of the petitioner - Impugned orders quashed and set aside - Sub-Divisional Controller directed to re-hear the case on specific counts.
Fact of the Case:
Petitioner, a Fair Price Shop owner and dealer in Superfine Kerosene Oil (S.K. Oil), challenged the show-cause-cum-suspension orders and subsequent termination of his license by the Sub-divisional Controller and District Controller, Food & Supplies, respectively. The petitioner alleged that the show-cause notices were vague and devoid of particulars, and that he was not provided with a copy of the inspection report relied upon by the authorities. The petitioner also contended that the authorities failed to consider his explanation regarding the theft of registers and books of accounts, which occurred during a commotion in his shop.
Finding of the Court:
The Court held that the show-cause notices were indeed vague and general in nature, lacking specific and clear charges against the petitioner. The Court also found that the authorities failed to supply the petitioner with a copy of the inspection report, which caused serious prejudice to his interest. The Court further held that the authorities failed to consider the petitioner's explanation regarding the theft of registers and books of accounts.
Issues: 1. Whether the show-cause notices issued to the petitioner were vague and general in nature, lacking specific and clear charges? 2. Whether the authorities' failure to supply the petitioner with a copy of the inspection report caused serious prejudice to his interest? 3. Whether the authorities failed to consider the petitioner's explanation regarding the theft of registers and books of accounts?
Ratio Decidendi: 1. A show-cause notice must contain specific and clear charges against the person to whom it is issued. Vague and general charges render the notice invalid. 2. Failure to supply copies of enquiry report and non-proposal of penal action in show-cause notices caused serious prejudice to the interest of the petitioner. 3. The authorities are duty-bound to consider the explanation offered by the person against whom disciplinary action is contemplated.
Final Decision: The Court quashed and set aside the impugned orders passed by the Sub-divisional Controller and District Controller, Food & Supplies. The Court directed the Sub-divisional Controller to re-hear the case against the petitioner on two specific counts: (a) that the fair price shop was closed on 4th December 2018, and (b) that the petitioner failed to produce the relevant registers and documents when those were called for.
JUDGMENT :
Bibek Chaudhuri, J.
1. This instant writ petition is filed by one Proiz Nashir, the owner of a Fair Price Shop and a dealer and distributor of Superfine Kerosene Oil (S.K. Oil) praying for issuing a writ of Mandamus commanding the respondents to forbear themselves from giving any effect to the show-cause-cum-suspension orders terminating the license of the petitioner and cancelling or rescinding the same.
2. It is the case of the petitioner that he was appointed as Modified Ration Dealer (Now known as Fair Price Shop owner) in 1996. The petitioner was also granted license to act as a dealer under the West Bengal Kerosene Control Order, 1968 to distribute Superfine Kerosene Oil (S. K. Oil) under the Public Distribution System (PDS). The petitioner states that after coming into force of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003, the petitioner was granted Fair Price Shop License and after the repeal of the said 2003 Control Order by the West Bengal Public Distribution System (Maintenance & Control) Order, 2013, the petitioner was granted a fresh license under the said 2013 Control Order.
3. The petitioner alleges that on 1st December 2018, in the course of the distribution of ration commodities, there was a commotion due to inter-se disputes between one Buli Khatoon and the petitioner. In such commotion an oil drum containing about 150 liters of Kerosene was toppled and the registers and other important documents were also taken away by some miscreants taking advantage of the said commotion. The petitioner reported such an incident to the Officer-in-Charge, Harishchandrapur P.S., by a complaint dated 01.12.2018. The dispute between the petitioner and the said Buli Khatoon was mutually settled in the presence of local people and an "Aposhnama" duly signed by the above persons was also submitted to the Police authorities.
4. The petitioner states that he was not feeling well and decided to visit a doctor for a medical check-up on 04.12.2018 and accordingly he visited the Doctor's chamber and could not open the said shop on that date. On 04.12.2018, on an enquiry by the Area Inspector, Food and Supplies Department, it was stated in the report that the shop of the petitioner was closed during the said inspection and at the time of enquiry, the local people informed that on 01.12.2018 evening the petitioner distributed S. K. Oilto the customer and in the presence of many customers, the petitioner behaved roughly with one of the customers and consequently, the petitioner was locked at his godown by the customer and after sometime, the police of Harishchandrapur P.S. rescued the dealer. Therefore, upon enquiry, the following conclusion was reached :
(i) At the time of enquiry on 04.12.2018, the shop was closed.
(ii) The dealer opened his shop thrice a week, on Thursday, Friday and Saturday.
(iii) The dealer (petitioner) behaved very roughly with the customers.
(iv) The dealer delivers less quantity of food grains to his customers.
5. On 06.12.2018 the petitioner was served with two separate show cause Notice-cum Suspension orders issued by the Sub-divisional Controller, Food & Supplies, Chanchal where it appeared that the Sub-Divisional Controller placed both the dealerships of the petitioner under suspension and asked the petitioner to show cause within seven days of receipt of the said orders in respect of both the dealerships containing same allegations. The petitioner alleges that in none of the said show-cause-cum-suspension orders, both dated 05.12.2018, any penal action against the petitioner was proposed. Moreover, the petitioner alleged that the Sub-Divisional Controller purportedly relied upon an inspection report of the Area Inspector, Food & Supplies, Harishchandrapur. However, no copy of such inspection report was forwarded to the petitioner along with any of the said two show cause cum suspension orders. It further appears that the Sub-divisional Controller had sought to act under two
AI
A show-cause notice must contain specific and clear charges against the person to whom it is issued. Vague and general charges render the notice invalid.
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 b....
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
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