Decided on September 09,1996

Badal Chandra Mondal Appellant
The State of West Bengal and Ors. Respondents


- (1.)Both the application and the appeal is taken up for hearing.
(2.)The writ petitioner filed a writ petition alleging that the petitioner's father Mritunjoy Mondal who was originally appointed as M. R. Dealer and was carrying on business died on July 1995. The original M. R. Dealer, Mritunjoy Mondal, since deceased was involved in a criminal case under Sections 403/406/409/120B of the Indian Penal Code on the basis of the F. I. R. in which it was alleged that there was gross defalcation of wheat of 71 quintals and 24 kgs meant for N.R.F P. etc. and for certain other charges In the said criminal case a charge sheet was given and because of the pendency of the said criminal case, Mritunjoy Mondal, since deceased, was suspended on 22.3.1985 as M. R. Dealer. At the time of death of Mritunjoy Mondal, since deceased, the order of suspension was there and a criminal case was also pending before the Second Additional Sessions Judge, Suri. The writ petitioner filed a writ petition stating that the writ petitioner was sod of Mritunjoy Mondal, since deceased and he was entitled to be appointed in place and stead of deceased Mritunjoy Mondal under the strength because of the vacancy exists. In view of the circular of Food and Supplies Department dated 22nd May. 198 , the appellant BadalChandra Mondal was appointed on temporary basis as an M. R Dealer immediately after Mritunjoy Mondal was placed under suspension and that for so many years Badal Chandra Mondal was carrying on the business. The learned trial Judge on consideration of the said circular held that the State should consider and dispose of the prayer of the writ petitioner Sonatan Mondal on compassionate ground in place and stead of the original M. R. Dealer. The learned trial Judge rejected the contention of Badal Chandra Mondai that Badal Chandia Mondal's appointment should be regularised in the facts and circumstances of this case. The circular of the Government dated 22nd May, 1985 provides that:-
"Whenever a vacancy arises due to death or resignation of the M R. Distributor/Retailer, on account of physical incapacity or on medical grounds, such vacancy shall not initially be notified. This Mr. Astsh Sanyal and Vinay Misra Mr. N. Ram Miss. Parul Banerjee is to be filled up by appointing the husband/wife/son/daughter of the deceased/resigned M. R. Distributor/Retailer, if he or she is otherwise found suitable in all respects."

(3.)In the instant case admittedly a criminal case was pending at the time of his death and distributorship of Mritunjoy Mondal with the State was also under suspension. At the time of his death there are another co-accused in the criminal case and as such the criminal case could not be proceeded with against Mritunjoy Mondal, but may be proceeded against the other accused. The order of suspension also come to a end on death.

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