JUDGMENT Both the application and the appeal is taken up for hearing. 2. The writ petitioner filed a writ petition alleging that the petitioner's father Mritunjoy Mondal who was originally appointed as M.R. Dealer and was carrying on business died on July 1995. The original M.R. Dealer, Mritunjoy Mondal, since deceased was involved in a criminal case under Sections 403/406/409/120B of the Indian Penal Code on the basis of the F.I.R. in which it was alleged that there was gross defalcation of wheat of 71 quintals and 24 kgs. meant for N.R.F.P. etc. and for certain other charges. In the said criminal case a charge sheet was given and because of the pendency of the said criminal case, Mritunjoy Mondal, since decrased, was suspended on 22.3.1985 as M.R. Dealer. At the time of death of Mritunjoy Mondal, since deceased, the order of suspension was there and a criminal case was also pending before the Second Additional Sessions Judge, Suri. The writ petitioner filed a writ petition stating that the writ petitioner was son of Mritunjoy Mondal, since deceased and he was entitled to be appointed in place and stead of deceased Mritunjoy Mondal under the strength because of the vacancy exists. In view of the circular of Food and Supplies Department dated 22nd May, 1985, the appellant Badal Chandra Mondal was appointed on temporary basis as an M.R. Dealer immediately after Mritunjoy Mondal was placed under suspension and that for so many years Badal Chandra Mondal was carrying on the business. The learned trial Judge on consideration of the said circular held that the State should consider and dispose of the prayer of the writ petitioner Sonatan Mondal on compassionate ground in place and stead of the original M.R. Dealer. The learned trial Judge rejected the contention of Badal Chandra Mondal that Badal Chandra Mondal's. appointment should be regularised in the facts and circumstances of this case. The circular of the Government dated 22nd May, 1985 provides that :- “Whenever a vacancy arises due to death or resignation of the M.R. Distributor/Retailer, on account of physical incapacity or on medical grounds, such vacancy shall not initially be notified. This is to be filled up by appointing the husband/wife/son/daughter of the deceased/resigned M.R. Distributor/Retailer, if he or she is otherwise found suitable in all respects.” 3. This is to be filled up by appointing the husband/wife/son/daughter of the deceased/resigned M.R. Distributor/Retailer, if he or she is otherwise found suitable in all respects.” 3. In the instant case admittedly a criminal case was pending at the time of his death and distributorship of Mritunjoy Mondal with the State was also under suspension. At the time of his death there are another co-accused in the criminal case and as such the criminal case could not be proceeded with against Mritunjoy Mondal, but may be proceeded against the other accused. The order of suspension also come to an end on death. 4. We are of the view that this is not a clear case of vacancy that arose simply upon death of an existing M.R. Dealer, but an M.R. Dealer against whom criminal case of serious charges was pending and he died while under suspension and that it was one of the pre-requisite for making appointment of an M.R. Dealer and that the appellant must show that there was no prior conviction by any criminal Court Secondly, Clause (3) of the said circular appears to us to be vague inasmuch as it is not understood how the vacancy could be filled up by husband/wife/son/daughter of the deceased dealer at the same time. It is also not understood how the appointment will be given on the basis of precedence. In the Instant case it appears that the widow of deceased Mritunjoy Mondal filed a petition recording no objection in favour of Sonatan Mondal. In case the existing M.R. Dealer died in that event the provisions of the circular applies without difficulty but in the peculiar facts and circumstances of the case it has to be decided by the authorities concerned what is the true import of the said circular. Accordingly, it is for the authorities concerned to decide first on the basis of such circular whether it can be said to be case of vacancy arising simply because of death. Accordingly, it is for the authorities concerned to decide first on the basis of such circular whether it can be said to be case of vacancy arising simply because of death. The circular in our view on the face of it clearly shows that an M.R. Dealer who was suspended earlier and against whom a serious criminal case of serious charges was pending and if he died in that event the heirs could not come automatically into the picture without declaring any vacancy and in the instant case as a matter of fact for the last 11 years Badal Chandra Mondal was acting as an M.R. Dealer even though temporarily. We are also of the view that the question of inheriting the licence does not and cannot arise. The licence comes to an end as soon as one dies but the facts and circumstances in which one dies is also very relevant factor. Another aspect of the matter which has escaped the attention of all concerned is that on the death of the dealer first offer of appointment should have been given to the wife and then to the other heirs. It is not understood how son can file an application after obtaining no objection certificate from his-mother. If the wife is found suitable then wife could have been appointed and if the wife is not found suitable then other heirs can come into the picture. We are also of the view that in the facts of the case it cannot be said that the appointment is a matter of died in-harness case and on com passionate ground because of the peculiar facts and circumstances of the case in which the dealer died Accordingly, we are of the view that the heirs of the Mritunjoy Mondal could not get the application heard and disposed of as a matter of right as the same has to be construed In such a manner which sub-serve the public interest at large. In the instant case we do not know the fate of the criminal case because there was a charge of defalcation and other serious charges and what would be the ultimate outcome of the criminal case. True if Mritunjoy Mondal was found guilty of the charges he would have been convicted and If be was found not guilty be would have been acquainted. True if Mritunjoy Mondal was found guilty of the charges he would have been convicted and If be was found not guilty be would have been acquainted. But the question remains undecided when Mritunjoy Mondal died and under such circumstances we are of the view that writ jurisdiction being discretionary we are unable to hold that the writ petitioner was entitled to reap the benefit of circular on compassionate ground. 5. Accordingly, the order of the learned trial Judge is set aside. As a special case the application of the writ petitioner Sonatan Mondal should also be considered along with Badal Chandra Mondal and the authorities concerned will consider the candidature and appoint a suitable candidate as an M.R. Dealer in view of the peculiar facts and circumstances of this case. 6. We make it clear that we have not adjudicated the candidature of the candidates which case has to be considered by the authorities concerned who shall decide the matter on the basis of the merits of the applicants In accordance with law. The appeal and the application are disposed of. Urgent xerox certified copy if applied for be supplied expeditiously. Banerjee. J. Chakraborty, J.