23.09.2026 Sl. No.: 20 Court No.10 BM WPA 27123 of 2026 BABAR ALI BISWAS VS STATE OF WEST BENGAL AND ORS. Mr. Debabrata Saha Ray, Sr. Adv. Mr. Pingal Bhattacharyya Mr. Subhankar Das ... for the petitioner 1. Affidavit of service filed in court today be taken on record. 2. The petitioner in the present case challenges, inter alia, the entire procedure of suspension and termination initiated against the petitioner which is not sustainable in the eye of law. 3. Apropos, the facts of the case, are that the respondent no.5, being the Sub Divisional Controller, F&S, Medinipur Sadar, being the respondent no.5 herein, by order dated 20.05.2026 transferred the entire stock of one suspended dealership of Pathik Mallick and tagged 8,500 ration cards with the dealership of the petitioner on 22.05.2026 by handing over the following articles namely- 1) Entire commodities of all category 2) EPOS machine(2) 3) Charger of both the EPOS 4) Weighing Scale 5) Cluster Details of defunct FPS of Pathik Mallick. 4. Pursuant to the order of the respondent no.5, the petitioner continued to distribute ration articles of the 2 suspended dealer, in addition to his own 7300 approx tagged ration cards. 5. By a letter dated 8.6.2026 the petitioner informed the respondent no.5 regarding his incapacitation, in running the FPS dealership with regard to stock of the suspended dealer owing to disturbance and chaos created by the beneficiaries and the local residents of the suspended dealer. 6. Thereafter, on 12th June, 2026 an enquiry was conducted by the Area Inspector (F&S), Medinipur Sadar and a report was filed before the respondent no.5, from which it appears that ‘expired Atta’ had been distributed to the beneficiaries but subsequently the same were returned by all the beneficiaries and replaced with wheat. 7. Thereafter, on 13.6.2026, the respondent no.5 issued a show cause cum suspension notice in favour of the petitioner as per Clause 45 and 46 of the West Bengal Targeted Public Distribution System MNC Control Order, 2024(hereinafter referred to as ‘Control Order, 2024’). In response to the same a reply was given by the petitioner on 17.6.2026. 8. By an order dated 14.07.2026 termination was ordered for alleged violation of Clauses 45 and 46 of the Control Order, 2024 on the ground of ‘Atta’ of 4.20 quintals and 9.3155 quintals were found unfit for human consumption. 3 9. Being aggrieved thereby, the petitioner preferred a statutory appeal under Clause 57 of the Control Order, 2024 dated 27.7.2026, inter alia, on the following grounds: (A) No proceedings has been drawn up against my license or in respect of my original dealership, even if there is any allegation that is in respect of my tagged second counter for which no punishment can be imposed in respect of my dealership license having no allegation against the said license. (B) Licensing Authority should not have forced me, despite my unwillingness, to distribute ration articles to the ration card holders tagged with dealership of suspended dealer Pathik Mullick. (C) By way of not supplying copy of the enquiry report, relying on which proceeding has been drawn up against me, entire proceedings and outcome thereof has been vitiated for violation of rule of natural justice. (D) Although on 12.06.2026, when I distributed two packets of expired atta to the concerned ration card holder, I immediately took back those expired atta packets and distributed the same amount of wheat to the concerned consumer, accordingly not a single consumer has been distributed a single quota expired atta, however such facts has not even been taken note of. (E) No specific provisions of WBPTDS (M&C) Control Order, 2024, has (E) been invoked at the time of initiating the proceeding and on that sole ground entire proceedings and outcome thereof vitiates from non- compliance of statutory Control Order, 2024. (F) Although there was no charge in the show cause notice for violation of clause 46 of the Control Order, 2024, however my license has been terminated invoking clause 46 of the Control Order, 2024 with utter violation of the settled law that without framing any charge no punishment can be imposed. 4 (G) There is no charge or allegation of siphoning or misappropriation of food grains by me, on the other hand not a single consumer has been delivered a single quota of expired atta by me as such imposition of capital punishment of termination of license is shockingly disproportionate and not sustainable in the eye of law. (H) Relying on previous minor offences, which has not been recorded in the show cause notice meaning thereby without providing any opportunity to defend such allegations, imposition of capital punishment is not sustainable in the eye of law. (I) Order terminating the license is non-speaking, unreasoned an cryptic one and on the sole ground the same is not sustainable in the eye of law. (J) Entire proceedings and its outcome vitiates for non-compliance natural justice and on that sole ground order of termination is required to be struck down. 10. Thereafter, on 25.08.2026, a personal hearing was granted to the petitioner by the respondent no.4 and on 3.9.2026 the appeal was disposed of remanding the matter back to licensing authority, being the respondent no.5, for further proceeding, with a direction to issue a fresh, clear and comprehensive show cause notice to the petitioner specifying all relevant clauses and provisions of the Controller Order, 2024 and to re- examine the entire matter including all relevant records and evidences and submissions of the petitioner. The relevant portion of the operative part of the order is reproduced as follows :- “It is, therefore, ordered as follows:- a. The case is remanded to the Licensing Authority for further proceeding. 5 b. The Licensing Authority shall issue a fresh, clear and comprehensive Show Cause Notice to the appellant, specifying all relevant clauses/provisions WBTPDS of the (M&C) Order, 2024, Licensing condition and other relevant Government order in force. c. The Licensing Authority shall re-examine the entire matter including all relevant records, evidence and submissions of the appellant. d. Thereafter, the Licensing Authority shall pass a reasoned and speaking order strictly in accordance with the provisions of West Bengal Targeted Public Distribution System (Maintenance Order and Control) Order, 2024 and other relevant Govt. orders in force. e. The entire exercise shall be completed within 02(two) weeks from the date of communication of this order Accordingly, the appeal is disposed of and let a copy of this order be served to all concerned.” 11. Pursuant to direction of respondent no.4, a fresh show cause notice dated 15.09.2026 was accordingly issued by the respondent no.5 to the petitioner. 12. Learned counsel appearing for the petitioner submits that the entire procedure of terminations as per the enquiry conducted by the Area Inspector is arbitrary, illegal in excess of jurisdiction and not permissible in the eye of law. 13. Impugned order dated 11th September, 2026 suffers from gross material and procedural irregularity by remanding the matter back to the concerned Licensing Authority without setting aside the order of termination and interpolating stock transfer certificates, (dated 17.6.2026 at page 54 and 36 of the writ petition), 6 in violation of clauses 45 and 46 of the Control Order, 2024. 14. Learned counsel submits that such action of the authorities is highly condemnable and warrants serious interference by this Court. 15. Despite informing department about chaos and disturbances and requesting for de-tagging the ration cards of the suspended dealer to a nearby dealer in order to run his own business with his own ration cards in a seamless manner, the authority concerned took stringent decision without adhering to the request. 16. The decision of terminating the petitioner is ex- facie bad, illegal and shows high handedness and arbitrariness on the part of the authority concerned. Due to conduct of the suspended dealer, the petitioner has been penalised by way of termination which is violative of the principle of natural justice and such action culminating into order of suspension cum termination is liable to be set aside. 17. Learned counsel for the State strenuously argued and submitted that the petitioner was suspended and terminated on the basis of report of the Area Inspector from which it transpires that expired ‘Atta’ had been distributed from the stock to the beneficiaries which was found to be unfit for human consumption, in violation of the Control Order, 2024. 7 18. Having heard the parties and upon perusing the records made available, this Court finds that the petitioner has been able to make out a prima facie case warranting interference at this stage. This Court has taken judicial note of all the relevant documents annexed to the writ petition including the relevant provisions of the Control Order, 2024 and is of the considered view that the action of the respondent authority in suspending and terminating is de-hors the statutory mandate. 19. From the impugned order passed by the respondent no.4 & 5 this Court finds that the same suffers from gross irregularities and illegality and are perse unsustainable in the eye of law. 20. Despite notice of helplessness in running FPS dealership after tagging 8500 ration cards of the suspended dealer with the dealership of the petitioner, authority took stringent decision without adhering to the request made by the petitioner for de-tagging the ration cards of the suspended dealer to a nearby dealer. 21. Respondent no.4 has passed the impugned order which is palpably wrong and not sustainable in the eye of law and is inviolation of principles of natural justice since there is a gross irregularity in a decision making process by not setting aside the order of termination, and remanded the matter back to the Licensing Authority with certain directions mentioned in the order 8 dated 11.9.2026 which is liable to be quashed and set aside. 22. In view of the above, the show cause notices dated 13.06.2026, 15.09.2026 along with all consequential orders and notices are hereby quashed and set aside. 23. This court directs the respondent no.4 being the appellate authority to re-visit the issue upon considering the letter dated 8.6.2026 being Annexure at P-3 of the page 33 of the writ petition along with Stock Transfer Certificate dated 17.6.2026 being Annexure P-5 at page 36 and 54 of the writ petition and to take independent decision, if required and independent enquiry may be conducted to arrive at logical and conclusive finding with regard to issue involved herein. 24. Respondent no.4 shall also take necessary steps against the respondent no.5, seeking clarification with regard to interpolation and discrepancies with regard to transfer of certificates dated 17.6.2026 annexed at page 36 and 54 in accordance with law. 25. In the meantime, till decision attains its finality, the authority concerned is directed to re-tag and allot stocks to the petitioner within 48 hours from the date of communication of this order. 26. However, it is made clear that the entire exercise shall be completed on or before 30th November, 2026 by the respondent no.4. 9 27. With the above observations and directions the writ petition is disposed of. 28. Since, affidavits are not being filed the allegation made in the writ petition are deemed to have not been admitted and denied. (Smita Das De, J. )