ORDER

1. The present petitioner under Article 226/227 of the Constitution of India has been filed by the petitioner seeking following reliefs:

i) Issue a Writ of Mandamus/Certiorari or any other writ, order or direction in the nature of writ under Article 226/227 of the Constitution of India and -

(a) direct the respondent No.3 to send the enquiry report and point-wise reply on the Appeal dated 4.11.2006, Annexure P-VI of the petitioner forthwith and direct respondent No. 2 to decide appeal dated 4.11.2006 and 22.1.2007, Annexur P-VI & P-XI within a time as may be fixed by this Hon'ble Court.

(b) Quash show cause notice dated 10.10.2006, Annexure P-III Enquiry Report dated 14.6.2007 Annexure P-7 (Page 30 to 36) order rejecting appeal dated 23.11.2006, Annexure R-7 (Page 83) and 12.2.2007, Annexure R-X and criminal proceeding instituited in case No.16487/07 pending before Judicial Magistrate First Class, Gwalior.

(ii) Issue any other writ, order or direction in the nature of writ under Article 226/227 of the Constitution of India, as this Hon'ble Court may deem fit in the facts and circumstances of the case;

(iii) Cost of the petition may also be allowed."

2. Short facts of the case are that the petitioner, being a registered dealer of fertilizer, was engaged in the business of buying and selling fertilizer, which was/is governed by the provisions of the Essential Commodity Act, 1955 and the Fertilizer (Control) Order, 1985. On 6.8.2006, a sample of fertilizer was collected from the petitioner's premises and some lapses were found. Thereafter, a show-cause notice (Annexure P/3, dated 10.10.2006) was issued to the petitioner asking him to file reply within a period of 15 days (i.e. till 25.10.2006), to which the petitioner filed his reply within the prescribed time denying the allegations levelled against him. He had also filed an appeal on 4.11.2006 before the Appellate Authority against the lapses found by the Registering Authority on 14.8.2006.

3. Vide letter dated 28.11.2006, the Appellate Authority issued direction to conduct an inquiry in the allegations made by the petitioner in the appeal after calling reply from the respondent No.3 vide Annexure P-VII. In compliance whereof, respondent No.3 had constituted an inquiry committee, which conducted an inquiry on 23.1.2007 in the petitioner's premises and prepared a Panchnama wherein it was found that while sealing the sample bags and applying the wax seal, the Fertilizer Inspector did not obtain the signatures of himself and the proprietor of the firm from whom the sample was taken on the sample bags and after obtaining the signatures of both parties, the sample bags were not sealed with a wax seal. Since the bags were sealed with a simple paper strip which anyone from either party could open and change the sample and reseal it, therefore, such a sample does not hold reliability rather, it falls under suspicion. It was also found that the trader stated that three out of these four samples have passed and out of which, the passed sample of Ammonium Sulfate was seen after breaking the seal of the bag with the trader's consent. Code No.R.J.L.Y 9 was marked on the bag. Upon opening the bag, the 'J' form inside was inspected wherein it was found that the previous Code No.R.J.L.Y 3 was marked on the 'J' form, which was then cut and Code No.R.J.L.Y. 9 was marked. There are no signatures of any employee from either party on the cutting.

4. Even after conducting the inquiry, respondent No.3 had not submitted the inquiry report to respondent No.2 despite issuance of letters dated 19.12.2006 and 8.3.2007.

5. Even after calling of reply to the appeal preferred by the petitioner by respondent No.2, respondent No.4/S.P., Gwalior had lodged an F.I.R. vide Crime No.790 of 2006 on 14.12.2006 and thereafter started investigation in the matter. Being aggrieved, the petitioner preferred a Writ Petition No.6295 of 2006 before this Court with a prayer that the respondents be restrained