- (1.) The petitioner moved this writ application against an order dated 25-7-88 under Memo. No.2687 passed by the Sub-Divisional Controller of Food and Supplies, Alipore, whereby the M. R. allotment in favour of the petitioner has been suspended and the petitioner was directed to show cause why the M. R. Dealership should not be terminated.
(2.) The relevant fact of this case is that the petitioner was appointed as Modified Ration Dealer under agreement entered into by and between the petitioner and the Government of West Bengal and on the basis of which the petitioner was carrying on the business of M.R. dealership which was engaged in distribution of Rice, Wheat, Sugar and R. S. Oil to the consumers as per allotment made by the Inspector (Food and Supplies), Joynagar II. The petitioner was appointed as Modified Ration Dealer in the year 1957 and since then was carrying on the said business. The relevant provisions of the said agreement are as follows:- "The Retailer immediately on receipt of the quantity of the foodstuffs /essential commodities obtained by him from the godowns of authorised agents or Distributors or registered firms shall enter the same in appropriate stock register to be maintained by the Retailer in the form as may from time to time be prescribed to be maintained by him in this behalf and shall not make unauthorised transfer, despatch or movement of the same or part thereof, elsewhere out of the shop of the Retailer and/or godowns. The retailer shall at all reasonable times produce such register for inspection by an officer of the Government authorised in that behalf. The Retailer shall also maintain in the form as may be prescribed from time to time a register of individual Ration cards/permits, daily sales register and non-drawal register which should be made up-to-date at the end of such day and also issue case memos to the consumers. The Retailer shall at all reasonable time produce such register for inspection by any officer authorised by the Government in that behalf. The District Magistrate, or the controller, with the approval of District Magistrate, without assigning any reason and without prejudice to the rights and remedies of the Govt. against the Retailer may suspend supply of foodstuffs and essential commodities to the Retailer forthwith of foodstuffs and after giving the Retailer an opportunity of stating his case in writing cancel this agreement if in the opinion of the District Magistrate/Controller which shall be final, the Retailer has failed to observe, fulfil or perform any of the terms and conditions on the part of the Retailer herein contained or to carry out or observe any direction given to the Retailer under the provisions of the this agreement. Notwithstanding anything hereinbefore contained, the District Magistrate or the controller, as the case may be, shall at any time be at liberty in his sole discretion without assigning any reason to terminate this agreement on giving one month notice in writing on his intention so to terminate the agreement and the Retailer shall have no claim for loss or damages on that account against the Government and the Retailer shall also be at liberty to terminate the agreement after giving similar notice as aforesaid."
(3.) The petitioner stated that for so many years the petitioner was carrying on the said business and there was no complaint and/or allegation against the petitioner. At para 10 of the application it was stated that on 27/05/1988 after 5 p. m., when the shop was going to be closed for the day and the petitioner and the employees were recording the day's transaction in the Registers and Book of Accounts and Daily Sale Register and Cash Memos, the Inspecting Squad attached to the office of the District Controller (Food and Supplies) visited the petitioner's shop and wanted the petitioner to produce the Registers and Stock Book and proposed to varify the stock. The petitioner then and there produced the registers for verification of the Inspecting Squad. But it is stated that the said Inspecting Squad looked at a glance the Stock Register and after inspection of the same put a remark in the said register "you are directed to maintain your stock register properly and left the place". After the said incident on 11/07/1988 the petitioner went to the office of the Inspector (Food and Supplies), Joynagar II, for getting regular allotment for the weeks and that after going there the petitioner came to know that no allotment of M. R. Commodities was made as per order by Sub-Divisional Controller (Food and Supplies) and as it was stated that the show cause notice has been issued to the petitioner and the Ration Card which was registered to the petitioner's shop had been deleted and tagged with a nearest M. M. Dealer temporarily. It was stated that the petitioner did not get the notice and no notice was served upon the petitioner and as such, the petitioner requested the said authority to furnish a copy of the notice, but the Inspector did not accede to the said request of the petitioner, whereafter the petitioner took up the matter with Secretary Joynagar and Kultoli P.S.M.R. Dealers' Association who handed over the said Memo No.2687 dated 3/07/1988 issued by the Sub-Divisional Controller (Food and Supplies) Alipore (Sadar), South 24-Parganas, whereby the said Sub-Divisional Controller (Food and Supplies) on the basis of the report dated 27-5-88 submitted by the said inspecting Squad stated that the petitioner did not kept open the shop during the shop hours and did not maintain stock register properly. On the basis of the show cause notice the petitioner was directed to show cause why the said dealership should not be cancelled. It is necessary to set out the said show cause notice for proper understanding the matter which is as follows It appears from the report of Inspecting Squad of DCF and C on 27-5-88 that you do not open your shop during the shop hours and you do not maintain the stock Register properly. There was no sign board infront of your M.R. Shop. Thereby you have contravened. So, in view of above, it is clear that you have voilated the clauses 6 and 7 of the agreement executed by you with Govt. In the circumstances, I the SCF and S, Alipore(S) the appointing Authority, with the approval of SDC(S) Alipore do hereby suspend the MR Allotment in favour of you. You are also directed to show cause as to why your MR Dealership not be terminated as per Clause of the aforesaid agreements. Your reply to the show Cause must reach to the undersigned within 7 (seven) days from the date of receipt of this order.";