JUDGEMENT
JAYANTA KUMAR BISWAS -
(1.) THE petitioner in this WP under art. 226 dated September 28, 2011 is questioning a decision of the Principal Secretary to the Government of West Bengal & Ex -officio Commissioner, Food, Food & Supplies Department, Government of West Bengal and the Director, Directorate of District Distribution, Procurement and Supply, Food & Supplies Department, Government of West Bengal dated September 8, 2011 (WP p.148). By a notification dated July 2, 2010 (WP p.34) the District Controller, Food & Supplies, Burdwan declared a vacancy for an MR Distributor at Rupnarayanpur within Salanpur block of the district Burdwan.
(2.) The distributor was to be selected and appointed according to the provisions of para.23 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 that was made by the State Government in exercise of power conferred on it by s. 3 of the Essential Commodities Act, 1955. Fourteen applications including the application of the petitioner were received by the office of the District Controller of Food & Supplies (in short DCFS). According to the procedure mentioned in para.23 of the Order, the Sub -divisional Controller of Food & Supplies (in short SCFS) made the inquiry, prepared the report and sent the report with his comments to the DCFS. The SCFS did not give any favourable comments for the petitioner.
(3.) THE DCFS forwarded the report of the SCFS with his recommendations to the Director, Directorate of District Distribution, Procurement and Supply (in short Director -DDPS); this step was taken by the DCFS also in compliance with the procedure mentioned in para.23 of the Order. The DCFS did not recommend the case of the petitioner as well.;
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