Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Kerosene Oil Control Order 1968: Paragraphs 5 7 and 9- Competent authority to initiate disciplinary action in terms of Paragraph 9-Against the agent holding licence for carrying on business of superior kerosene oil 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Kerosene Oil Control Order, 1968:Paragraphs 5, 6, 7 and 9- Competent authority to initiatedisciplinary action in terms of Paragraph 9-Against the agentholding licence for carrying on business of superior keroseneoil - Show Cause Notice issued to the agent by Sub-Divisional Controller, Food and Supplies (SCFS) (whorepresents the District Magistrate) - Seeking explanationabout the discrepancy found in distribution of superiorkerosene oil- Explanation submitted- SCFS forwarded therecord to Director of Consumer Goods - Director passedorder imposing penalty in exercise of power conferred on himunder paragraph 9(ii) - Jurisdiction of Director questionedby the agent- Held: The power to grant a licence to an agentas per Paragraph 5 is Director and to a dealer as perParagraph 6 is the Director or the District Magistrate[including the authorities mentioned in Paragraph 3(e)]- Butthe power to cancel or suspend such licence is given to theDirector as well as the District Magistrate (including authorizedofficer) by a composite paragraph- s.21 of General ClausesAct also indicates that issuing authority would exercise thenight to cancel or suspend the licence unless the statuteprovides to the contrary- Therefore, it would be incongruousto hold that even when the licence of an agent is granted bya superior authority (Director), a District Magistrate inexercise of concurrent jurisdiction can cancel or suspend thatlicence - Such an interpretation of Paragraph 9 would becontrary to legislative intent and would lead to absurdity andanomaly- Instead of adopting literal interpretation, a logicaland reasonable interpretation, in consonance with theprinciples of harmonious construction has to be adopted -Aharmonious reading of Paragraphs 5, 6, 7 and 9 leads to theinterpretation of Paragraph 9 that it is Director alone who hadauthority to show cause notice and pass an order in terms ofParagraph 9 - Interpretation of Statutes - Literalinterpretation; Harmonious construction - General ClausesAct, 1897-s. 21.Paragraphs 9 and 10 - Limitation for passing orderunder Paragraph 9 - Prescribed as 30 days from the datethe show cause notice was issued - The order in questionwas passed within 30 days but communicated after 30 days- High Court held that passing an order on the file would nottantamount to an order unless communicated; and that theorder having not been communicated within 30 days was not within limitation and hence null and void - On appeal held:An order comes into effect only when it is communicated -The words "date of the order" used in Para 10 has to be givenpurposive meaning- The expression "date of the order" would construe the date on which the order comes into effect i.e.the date of its communication to the agent or dealer -Declaring the order as nullity being barred by limitation, wouldnot serve the purpose of the Control Order or EssentialCommodities Act, 1955.Interpretation of Statues - Purposive interpretation -Held: The purpose of any Act or Rule or Order has its ownsanctity - While interpreting the same, the text and contexthave to be kept in mind. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 643 |
Petitioner | State Of West Bengal And Others |
Respondent | R.k.b.k. Ltd. & Anr. |
SCR | [2015] 9 S.C.R. 309 |
Judgement Date | 2015-09-04 |
Case Number | 2825 |
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