S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the order, contained in letter dated 16th/17th July, 1999, whereby and whereunder the respondents informed the petitioner that the amount which is tying with the respondents has been adjusted towards the loss suffered by the respondents. By the said letter, the petitioner has also been debarred from doing trade or business with the respondents.
(2.) THE main plea taken by the petitioner is that the action on the part of the respondents is mala fide as the order has been passed without a detailed enquiry. There was no such terms and conditions laid down by the respondents that the respondents can adjust any amount on account of loss, if any caused by the petitioner who have a right to lift the stack slurry, on payment of requisite amount. The counsel for the respondents submitted that the petitioner is indulged in mal practices in the removal of superior quality of slurry In place of one allotted at lessor price. The petitioner was given a show cause notice as to why action be not taken against it and reply being unsatisfactory, appropriate action has been taken.
(3.) A show cause notice issued by the Chief General Manager (M and QC) of B.C.C.I.. Coal Bhavan. Dhanbad dated 12th June. 1999 is on record. In the show cause, the respondents while stated that on surprise check. It was found that the petitioner was lifting slurry from the slurry pond, instead of stack slurry from earmarked area duly mentioned in the sale order issued for Moonidih Washery. The respondents have not stated as to how the said act prejudices the interest of the Company or render any loss. It was also not mentioned that the authorities intended to impound any amount or to adjust the same against any one or other loss.;