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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Md. Asraful Islam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1. Petitioner has been running a fair price shop dealership by the strength of license issued by the concerned Sub- Divisional Controller, Food and Supply, under the Provisions of West Bengal Public Distribution System, (Maintenance & Control Order), 2013. His shop-cum godown was inspected on 25.06.2024. Next day one show cause notice was served upon him on 26th June 2024. He replied said show cause notice on 4th July, 2024, he was given a personal hearing on 12th July, 2024 after the said personal hearing vide an order dated 30th July, 2024, Sub-Divisional Controller, Food & Supply imposed a penalty of Rs.7,85,61,044/- in exercise of power conferred u/s 24A (2) of West Bengal, WBPDS, M&C Order 13. Petitioner was directed to deposit the said amount within 07 days from the date of the receipt of the order. Petitioner was aggrieved and preferred an appeal before the appellate authority after receiving the appeal the concerned Appellate Authority being District Collector, Food and Supply, had issued for personal hearing notice, the personal hearing was held on 11th September, 2024. After hearing, the appellate authority has passed an order on 17th Septemb
The administrative authority must adhere to principles of natural justice and cannot penalize without following due process; however, the burden of proof remains on the licensee to show compliance wi....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
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 cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
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.
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.
The competent authority has the power to restore the authorization of a fair price shop dealer after suspension, and a temporary dealer has no locus standi to challenge the restoration of the authori....
An administrative order can only be interfered with under Art. 226 if it lacks relevant material or is perverse; failure to follow prescribed procedures alone does not invalidate the decision.
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