Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated July 31, 2012 is questioning a notice to show cause cum suspension order dated December 6, 2010 (WP p.31) issued by the Sub -divisional Controller (F & S), Mathabhanga. The petitioner is a Fair Price Shop owner within the meaning of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003.
(2.) MAKING allegation of misappropriation and other irregularities the Sub -divisional Controller issued the impugned show cause notice cum suspension order under para. 21 of the Control Order. The petitioner submitted his reply dated January 17, 2011 (WP p.33) to the notice. The Sub -divisional Controller did not take any step for concluding the proceedings within the statutory three -month period. In view of a Division Bench decision of this Court in Md. Yeasin & Ors. v. The State of West Bengal & Ors., : 2006 (3) CHN 655, he could not keep the suspension in force beyond three months.
(3.) THE big question is why the Sub -divisional Controller remained silent. The bigger question is why the District Controller of Food and Supplies also decided to remain silent. There is no reason to proceed on the basis that the delay was not likely to give the petitioner advantage; for the delay was bound to cause loss of evidence.;