Full Judgment
The petitioner runs a Fair Price Shop under licence issued to him under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003.The petitioner also carries on business as dealer of Super Kerosene Oil under licence issued under the West Bengal Kerosene Control Order, 1968.
From the impugned order, it appears that on 22nd May, 2010 at about 11 a.m., while the petitioner was supplying ration commodities, he was arrested on the charge of an offence under Section 302 of the Indian Penal Code and was released on bail on 11th June, 2010. In the mean while, on 24th May, 2010, while the petitioner was in custody, the Sub Divisional Controller passed an order tagging the ration cards tagged to the shop of the petitioner to a different dealer.
The impugned charge sheet cum order of suspension has been issued on the following charges enumerated in the charge sheet:
(i) The petitioner was in judicial custody from 23rd May, 2010 to 11th June, 2010;
(ii) The petitioner had been charged with offence punishable under Section 302 of the Indian Penal Code;
(iii) The petitioner was released on conditional bail by the Honble High Court;
(iv) The petitioner tarnished the image of the Fair Price Shop which was run under licence issued by the Food and Supplies Department, Government of West Bengal.
(v) The petitioner had failed to deliver or distribute Modified Rationing commodities meant for the Public Distribution System, as per the conditions of his licence and the provisions of the 2003 order. The allegations of violation of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 are vague and devoid of material particulars. The petitioners detention in custody might have resulted in his failure to distribute Modified Rationing Commodities to ration card holders.
Accordingly the ration cards tagged to the petitioners dealership were tagged to other dealers. The default was, however, not wilful and cannot justify suspension of the dealership. There is no allegation of wilful violation of any specific provision of the Essential Commodities Act. It is patently clear that the petitioner has been suspended only because of criminal proceedings against him on the charge of an offence under Section 302 of the Indian Penal Code.
The petitioner has not been proved guilty of murder under Section 302 of the Indian Penal Code. Just because there is an allegation against the petitioner of murder and the petitioner had been under arrest and later released on conditional bail, the M.R. Dealership licence of the petitioner can not be suspended. From the language and tenor of the impugned order of suspension it is apparent that the charges have been prejudged.
The impugned order of suspension is thus set aside and quashed. The order of suspension having been set aside, supply of rationing commodities to the fair price shop of the petitioner shall be restored forthwith.
Affidavits not having been called for, the allegations in the writ petition shall be deemed not have been admitted.
Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.