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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Md. Asraful Islam – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner's fair price shop operations. (Para 1 , 2) |
| 2. petitioner's argument against the authority's procedures. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. state's justification for penalty imposed. (Para 10 , 11 , 12 , 13) |
| 4. evidence and authority’s obligation to adhere to procedure. (Para 14 , 15 , 16 , 17) |
| 5. judicial review and procedures of natural justice. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. ruling on the legitimacy of the suspension order. (Para 25 , 26 , 27 , 28 , 29 , 30) |
| 7. conclusion and disposal of the petition. (Para 31 , 32) |
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
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.
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
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.
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
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