Mahaveer Tea Company, by its Proprietor, R. Ashok Kumar v. Tea Board of India Represented by Assistant Director of Tea Development, Coonoor
2021-11-25
S.M.SUBRAMANIAM
body2021
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to respondent’s order made in Ref.No.6(332)/TMCO/CNR/11/362 dated 01.06.2011 and to quash the same.) 1. The order dated 01.06.2011 issued by the respondent, temporarily debarring the petitioner from buying teas from all the Auction Centres in South India from the date of issue, is under challenge in the present writ petition. 2. The petitioner states that it is a Company registered and assessed to all taxes. They were doing business for more than two decades and there was no allegation against the petitioner. 3. While-so, suddenly the respondent issued impugned order stating that setting out certain allegations and debarred the petitioner temporarily from buying teas without any opportunity or without verifying the quality of products maintained by the petitioner. 4. The learned counsel for the petitioner reiterated that the temporary debar was imposed in violation of the principles of natural justice and the allegations set out in the order are false and incorrect, as the allegation is relating to the purchase of beverage products and not in respect of tea. 5. However, all these factors are to be considered by the Competent Authorities. The High Court cannot conduct alternate enquiry in respect of such allegations which must be done with reference to the documents and evidences available on record. 6. No doubt by virtue of an interim order passed by this Court, the petitioner-Company is continuing its business for the past about ten years and under these circumstances, this Court is of an opinion that the petitioner is entitled for an opportunity, as the said opportunity was not provided at the first instance by the respondent. 7. In this view of the matter, the order impugned passed by the respondent in Ref.No.6(332)/TMCO/CNR/11/362 dated 01.06.2011 is quashed. The respondent is directed to issue a fresh show cause notice, setting out all the facts and allegations, within a period of four weeks from the date of receipt of a copy of this order.
7. In this view of the matter, the order impugned passed by the respondent in Ref.No.6(332)/TMCO/CNR/11/362 dated 01.06.2011 is quashed. The respondent is directed to issue a fresh show cause notice, setting out all the facts and allegations, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the show cause notice, the petitioner is at liberty to submit its objections/explanations along with the documents, if any, to the respondent, within a period of two weeks from the date of receipt of a copy of the said show cause notice and thereafter, the respondent shall conduct an enquiry by affording an opportunity to the petitioner and pass final orders on merits and in accordance with law as expeditiously as possible and preferably, within a period of four weeks. 8. With the abovesaid directions, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.