Harish Tandon, J. - (1.) Though the legal point involved in the instant writ petition appears initially to be attractive and needs deliberation, but the said point is settled and set at rest by the Division Bench of this Court in case of Md. Yeasin & Ors. vs. State of West Bengal & Ors., 2006 3 CalHN 655.
(2.) The point, which in my opinion involves in the instant case, is whether the order of suspension passed by the competent authority can continue even after the time limit provided in the statutory document for completion of disciplinary proceeding.
(3.) Indubitably, the S.K. Oil dealership of the petitioner was put under suspension till the disposal of the disciplinary proceeding on alleged violation of the conditions of licence as well as different Clauses of the West Bengal Kerosene Control Order, 1968. Before this Court proceeds further it would be relevant and profitable to quote Para 9(A) as amended of the said Control Order, which runs thus: "9(A). Procedure for dealing with violation of provisons of this Control Order by S.K. Oil Dealers: (i) If an S.K. Oil Dealer or his /her authorized representative or any other person acting on his/her behalf contravenes any of the provisions of this Order or any of the regulations made there under or any of the conditions of his/her license, or any discrepancy of stocks is detected, the DCG in Kolkata and Bidhan Nagar areas or the District Magistrate in other districts or the State Government through an officer not below the rank of Assistant Director shall issue a notice to the concerned Dealer asking for explanation in writing for such discrepancy. (ii) The DCG in Kolkata and Bidhan Nagar areas or the District Magistrate in other districts may also simultaneously place the dealership under suspension till the disposal of the proceedings simultaneously with issue of the notice. In case of suspension, the concerned ration card holders shall be tagged temporarily with the neighbouring Dealer/s for ensuring uninterrupted supply of S.K. Oil. (iii) The DCG in Kolkata and Bidhan Nagar areas or the District Magistrate in the districts after giving the licensee an opportunity of being heard and after recording the reasons thereof, may terminate the licence, reduce the volume of business through reduction of tagged ration cards and/or impose fine mentioned at Schedule E and of course according to the gravity of the offence. In case of imposition of fine, the licensee shall have to deposit the fine with Director of Consumer Goods in respect of Kolkata and Bidhan Nagar areas and District Magistrate in the districts through Treasury Challan in TR Form No. 7 under the Head of Account as prescribed by the Government. (iv) Provided that nothing contained in Para 9(A)(i),(ii) & (iii) shall prevent the State Government to cause an enquiry and seek such report if it has reason to believe that provision of the Control Order, 1968 are being contravened by an S.K. Oil Dealer and take such steps through the respective licensing Authorities by issuing instruction and direction for taking appropriate action in terms of the Control Order, 1968. (v) Entire proceedings shall be completed within 60 days from the date of issue of the show-cause notice. Schedule E Fine will include selling price to ration card holders of the quantity of S.K. Oil involved in the case and a penalty @Rs.40000/- per KL.";