HARISH TANDON,J. - (1.) Admittedly the petitioner was a dealer of Fair Price Shop and claimed to be the member of West Bengal M. R. Dealers' Association. On the basis of the show cause notice a proceeding was initiated against him alleging violation of several Clauses of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 (hereinafter referred to as 'Control Order 2013').
(2.) It appears that during the pendency of the said proceeding three writ petitions were pending before the High Court, being W.P. 33258 (W) of 2013, W.P. 7454 (W) of 2015 and W.P. 35302 (W) of 2013 at the behest of the Association and other persons respectively challenging the vires of various provisions of the Control Order 2013. An interim order was passed therein restraining the respective Sub-Divisional Controllers from taking any penal steps against the member dealers of the petitioner no. 1. However, the action, which has already been taken by the Sub-Divisional Controller, except imposition of any penal measures, was directed to be abided by the result of the writ petition.
(3.) The petitioner participated in the proceeding before the statutory authority upon submission of the reply denying the allegations made therein. The First Authority found that the allegations are admitted by the petitioner and, therefore, have been proved in such manner and imposed the penalty of termination of the licence. The petitioner carried the said order before the Appellate Authority primarily on the ground that when the High Court restrained the respective Sub-Divisional Controllers to impose any penalty during the pendency of the writ petitions, such order is palpably illegal and is liable to be quashed and set aside.;