P.B.Mukharji, J - (1.) This is an application under Article 227 of the Constitution. It is a grave example of flagrant violation of the principles of natural justice and reveals a serious state of public administration. The short point involved is if a minister who has certified a candidate, can himself sit in judgment and adjudge in revision that candidate's fitness and grant his candidate an excise license under the Bengal Excise Act after setting aside the concurrent orders of the Collector and the Commissioner of Excise.
(2.) The relevant facts must be set aside at the beginning. Mr. I.D. Jalan, the then Minister-in-charge of the Home (C and E), Judicial and Legislative Department, Writers' Buildings, Calcutta, issued a certificate dated the 15th May, 1963, to Chandra Sekhar Prosad, the first respondent and opposite party No.1 in this case. The certificate reads as follows :- "I know Shri Chandra Sekhar Prosad, Ex-Commissioner of the Kurseong Municipality. The said Shri Prosad has got experience of excise shop business. He lives at Kurseong and has properties there as well as in the Jalpaiguri district. He is a reliable merchant to the best of my knowledge and information and I believe he will be able to discharge his duties properly. Sd./- I. D. Jalan." This Chandra Sekhar Prosad was the applicant for a licence for an excise shop in Jalpaiguri. Public notice was issued by the Jalpaiguri District Office on or about the 23rd August, 1963. The petitioner Kamal Prosad Biswas made an application on the 29th August, 1963 before the Deputy Commissioner who was the Licensing authority under the statute. Chandra Sekhar Prosad, opposite party No. 1, submitted his application for the same shop licence to the Deputy Commissioner on the 23rd September, 1963. Mr. I. D. Jalan, became the minister of Excise Department of the Government of West Bengal on or about the 10th December, 1963.
(3.) Numerous applications were made for the licence. On the 28th and the 29th April, 1964, 33 candidates out of 48 were called for interview by the Deputy Commissioner, the licensing authority. It was on the 28th April, 1964, that opposite party No. 1, Chandra Sekhar Prosad made an application using the certificate of the minister. After hearing all the parties and the interview of the candidates, the licensing authority, the Deputy Commissioner of the district made, inter alia, the following order :- "In my opinion the selection therefore should be confined amongst serials 3, 10, 12, 14, 18, 24 & 36 and considering their properties, bank accounts, smartness etc., the following three candidates are recommended in order of merit for settlement of the shop :- (1) Shri Kamal Prosad Biswas (Sl. No. 3) (2) Shri Sadhan Kumar Bose (Sl. No. 24) (3) Shri Sudhir Kumar Kundu (Sl. No. 36)";