Pinaki Chandra Ghose, J. - (1.) THIS appeal is directed against judgment and order dated 24th December, 2009 passed in W.P. No. 1543 of 2008 when His Lordship Hon'ble Single Judge held that proceeding against the writ petitioner without supplying report would result in violation of principles of natural justice and His Lordship was pleased to quash the impugned order of the appellate authority. His Lordship was pleased to quash the notice to show-cause and further directed to restore the licence in favour of the writ petitioner. However, liberty was granted to the authorities to consider the question for issuing a fresh show-cause notice on the basis of the report.
(2.) THE facts of the case briefly are as follows: THE petitioner was a fair price shop owner and his licence for operating the said fair price shop had been terminated by the authority. It is the case of the writ petitioner that all the books of accounts in respect of the fair price shop of the petitioner containing in a bag carried on by one of the employees in his bicycle were stolen along with the cycle on 2nd February, 2007. On 9th February, 2007 a complaint was lodged before the Inspector- in-charge, Bidhannagar (East) Police Station and the incident of stolen has duly been intimated to the concerned office of the Food Supplies Department. On 1st June, 2007 the Inspector and Sub-Inspector (F&S) visited the fair price shop of the petitioner and demanded production Register. The concerned employee expressed his inability to produce the same because the same has been sent to the Director of Rationing Government of West Bengal for his perusal. Hence, 14th June, 2007 show-cause notice was issued. The writ petitioner duly replied the said show-cause notice on 26th June, 2007. On 5th July, 2007 the license of the petitioner for such fair price shop was suspended temporarily. Subsequently the order of suspension was confirmed. On an appeal filed by the writ petitioner the licence of writ petitioner in respect of fair price shop was cancelled.
(3.) BEING aggrieved the writ petitioner filed a writ petition before this Hon'ble Court being W.P. No. 1004 of 2008. On 22nd July, 2008 the Hon'ble Court disposed of the writ petition by setting aside the order passed by the Appellate Authority and further directed the Appellate Authority to re-hear the matter within a period of 3 weeks. On 25th August, 2008 despite direction of the Hon'ble Court since no steps were taken by the respondents, a contempt notice was served upon the authority and the hearing was fixed on 16th September, 2008. Since the report of the enquiring team was not furnished to the petitioner, the instant writ petition was filed on the ground that whether non-supplying of enquiry report, punishment can be imposed and whether such action on the part of the authority is in violation of natural justice. The Court, after hearing the parties, allowed the writ petition.;