Binod Kumar Roy, Lakshmi Bihari, JJ. - (1.) The petitioner M/s. Mithilesh Kumari and Sons, has come up with a prayer to quash the order of suspension/show cause notice issued by the District Supply Officer. Bulandshahr dated 10.2.2000 appending a copy of which as Annexure-3 to this writ petition.
(2.) Sri Sunil Kumar, learned counsel for the petitioner, on the question of admission of this writ petition, contended as follows : (i) The impugned order/show cause notice has been issued on the basis of mere registration of a criminal case under Section 3/7 of Essential Commodities Act ; (ii) The police after investigating the said case submitted a final form which Is pending grant of sanction before the District Magistrate, Bulandshahr. Thus, the impugned order/ show cause notice be quashed.
(3.) The facts stated in the impugned suspension order/show cause notice speak for themselves. It is stated therein that on receipt of complaints that kerosene oil is not correctly distributed to the ration holders and the same is sold out in the black market by the petitioner, under the directions of the District Supply Officer, Bulandshahr through the Inspector (Supply) an enquiry was got made at 5.30 p.m. of 19.2.2000 during which its Proprietor's son Pradeep Kumar fled away after downing the shutter of the shop ; that even though at 1.30 p.m. of that very day, one thousand litres of kerosene oil were received In the shop two drums of only 400 litres of kerosene oil were found ; that the stock and sale registers available in the shop, were seized ; that from the aforementioned enquiry, it is clear that the shopkeeper has not brought 600 litres of kerosene oil to the shop but has sold out them in black market, which is clear cut violation of the provisions of U. P. Kerosene Control Order, 1962 and the U. P. Essential Commodities Distribution Order, 1990, which being punishable offences under Section 3/7 of the Essential Commodities Act an F.I.R. was got registered with Police Station Kotwali, Bulandshahr. The other part of the order is not being reproduced.;