ANIRUDDHA BOSE,J. - (1.) The writ petitioner is a dealer under the West Bengal Kerosene Control Order, 1968 as well as under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003. There is allegation against the petitioner of violation of the provisions of the 1968 Control Order, 1968. Licence of the petitioner under both the Control Orders have been directed to be suspended by the Sub-Divisional Controller (F and S) Rampurhat, Birbhum on 26th December, 2011.
(2.) Promulgated under the provisions of the Essential Commodities Act, these are two Control Orders, one guiding essential commodity in general under the 2003 Control Order, and the other specifically Kerosene Oil. The authorities entitled to take action against the errant dealers under these control orders are different. So far as 1968 Control Order is concerned, the appropriate authority is the District Magistrate or Director of Consumer Goods or any officer not below rank Assistant Director in the Directorate of Consumer Goods, Food and Supplies Department, Government of West Bengal. So far as the 2003 Control Order is concerned, the appropriate authority is Sub-Divisional Controller.
(3.) In the present case, from the composite order of show-cause and suspension, I find the allegations against the petitioner pertain to irregularities in dealing with Kerosene Oil only, covered by the 1968 Control Order but the order of suspension has been issued by the Sub-Divisional Controller suspending licence of the petitioner under both the control orders.;