ORDER

10.03.2025 Date :

Heard Ms. P. Barua, learned counsel for the petitioners. Also heard Ms. U. Das, learned State Counsel for the respondents No. 1 to 7. None appears for the respondent No.8 despite service of notice.

2. Aggrieved by the seizure of trade license of the petitioners dated 09.11.2023, and thereby prohibiting the petitioners from operating the service station namely, M/s Morigaon Service Station, the present petition is filed by the petitioners for a direction to the Deputy Commissioner, Morigaon to release the trade license and to allow the operation of the said service station.

3. The petitioners are the retail outlet petrol pump dealers namely, M/s Morigaon Service Station. The Deputy Commissioner, Morigaon along with the officials of the concerned departments allegedly found certain discrepancies in the maintenance of the stock and price display board and stock registered of petrol and diesel along with irregularity in quantity of diesel/petrol delivered to the customers.

4. Pursuant thereto, a police case being Morigaon P.S. Case No.418/2023, has been registered under Section 265/266/406/409/420 IPC and a complaint case being CR Case No.11/2024, has also been filed before the learned Chief Judicial Magistrate, Morigaon under Section 12 and 26 of Illegal Metrology Act, 2009.

5. It is submitted that charge-sheet in P.S. Case No.418/2023 has been filed against the petitioners.

6. It is contended that the service station of the petitioners has been closed on the above allegations, which has caused irreparable injury and hardship to the petitioners.

7. Ms. P. Baruah, learned counsel for the petitioners submits that the closure of the petrol pump or termination of the retail outlet license cannot be a penalty basing on the above allegations, as the allegations are yet to be proved. She submits that Marketing Discipline Guidelines for retail outlet/dealership of the Public Sector Marketing Companies, the minor penalties to be imposed are clearly provided. Clause 8.7 provides that under existing laws, Control Orders, Acts/Rules, etc various authorities of Central Government/State Government, in addition to Oil Company Officers, are empowered to carry out checks of the dealership for determining and securing compliance with such laws/Control Order. If any malpractice or irregularity is established by such authorities after checking, the same would also be taken as a malpractice or irregularity under these guidelines and prescribed action would be taken by the Oil Company, on receipt of advice from such authority. It further provides that in cases of action for some major/minor irregularities where there is only fine and no suspension of sales and supplies involved, such fine should be paid by the concerned dealers within a period of 30 days from the date of notice by the company. If not paid within this period, the action of suspension of sales and supplies would be taken from the 31^st day for a period of 15 days. The fine should be paid within this suspension period, failing which, the suspension would be extended for another 15 days. If the fine is not paid within the extended suspension period, the dealership would be terminated.

8. She submits that since the allegations in the present case is of minor irregularities, the Deputy Commissioner, Morigaon has no authority under the said guidelines to suspend the trade license and to prohibit operation of the service station. Therefore, the prohibition as well as suspension of the license of the petitioners is not sustainable and as such, at this stage, the petitioners may be allowed to operate the service station, as the petitioner No.2 being a widow, is having financial hardship in view of suspension of the license and consequent prohibition of operation of the service station.

9. Ms. U. Das, learned State Counsel, while vehemently opposing the interim prayer, submits that the Deputy Commissioner, Morigaon is within his jurisdiction to suspend the trade license on having b