Shivakant Prasad, J. - (1.) The State of West Bengal, through the Food Commissioner and Principal Secretary, Food and Supplies Department and others of the Government has preferred the instant appeal on being aggrieved and dissatisfied with the impugned judgment and order dated 27th April, 2016 passed in W.P. No. 12871(W) of 2015, assailing the orders dated 02.02.2015, 15.5.2015 and 08.6.2015 of the Director of Consumer Goods, Food & Supply Department whereby the petitioners Superior Kerosene Oil (S.K. Oil) licence was cancelled by imposition of fine.
(2.) The brief facts leading to the instant appeal is that respondent no. 1 M/s. G.S.N. Murty was an agent for distribution of S.K. Oil at Belda, Kharagpur Sub-Division, Paschim Medinipur District by virtue of S.K. Oil Licence No. AGT/MID(S)/59 New No. DCG-420-15, granted under the provisions of the West Bengal Kerosene Control Order, 1968. But the respondent no. 1 did not carry on the business of S.K. Oil with an unblemished record.
(3.) The genesis of the dispute arises in the misappropriation, lapses and discrepancies on the part of the respondent no. 1 in the lifting and supply of kerosene oil. The Director of Consumer Goods had issued a letter dated May 28, 2014, to the respondent no. 1 to submit monthly lifting and distribution status report of the S.K. Oil for the financial years from 2010-11, 2011-12, 2012-13 and 2013-14 to which reply was submitted on June 18, 2014. On scrutiny, certain discrepancies and irregularities were found regarding lifting and distribution of S.K. Oil for the period April, 2010 to March, 2014. So, the respondent was directed to submit, inter alia, (i) Order of allotments tagged to Big Dealers/ Dealers along with documentary proof that the quantity endorsed by the SCF'S/DCFS made to him for supply was actually supplied and (ii) the names of the Big Dealers/ Dealers to whom the S.K. Oil was supplied every month." But, the respondent no.1 did not respond to the said direction of the Deputy Director of Consumer Goods vide his letter dated July 4, 2014. Therefore, a decision was taken for inspection by a team of competent inspectors and the Director of Consumer Goods by issuance of a Memo No. DCG/CON/ 195 dated August 28, 2014 in exercise of the provision of Paragraph 5(VI) of the Control Order. The inspection team was formed 2010 to undertake inspections to find out the status of lifting of kerosene oil by the respondent no.1 from Hindustan Petroleum Corporation Limited, both on account of its licence and on account of tagged allocation of M/s Jain Traders which had been tagged with the respondent no.1, on and from June 3, 2013, maintenance of sale and stock registers, status of actual figure of kerosene oil supplied by the respondent no.1 to all dealers tagged with it, status of actual figure of kerosene oil received by the dealers as mentioned in the sale and stock registers, status of supply of kerosene oil by the dealers to the ration card holders or to other dealers and the actual figures of supply and receipt of kerosene oil by the dealers in connection with the respondent no.1.;