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2007 DIGILAW 95 (BOM)

MUKHTAR AND SONS v. STATE OF MAHARASHTRA, MUMBAI-32

2007-01-19

A.H.JOSHI

body2007
JUDGMENT Rule. Rule is made returnable forthwith by consent. Heard. It is seen that a finding is recorded by the District Supply Officer that there is no misappropriation of the kerosene stock. In so far as irregularities are concerned, those cannot go unpunished. This Court, therefore, finds that while other recovery is concerned, the penalty ordered by the Government need not be interfered. However, the recovery of price of kerosene at the rate of Rs. 30/- per litre for 1,000 litres ordered in Order Clause [3] of the Minister's order can be and has to be set aside, as it has no foundation, factual or legal. Rule is accordingly made absolute as follows :- [a] Minister's order to the extent of directing recovery of Rs. 30,000/- [rupees thirty thousand only] is set aside. [b] Rest of the order remains intact. [c] Amount of Rs. 22,500/- [rupees twenty-two thousand five hundred only] deposited before the authority be adjusted towards the security deposit of Rs. 15,000/- [rupees fifteen thousand only], or such amount as may be required, since the deposit already made is forfeited. Balance amount, if any, be refunded.