Mandatory statutory procedure for licence cancellation cannot be bypassed; direct notices by the wrong authority were without jurisdiction.

Where a special licence-control scheme prescribes that a Sub-Divisional Controller must issue the show cause notice and forward the explanation with remarks to the District Controller, that mandatory hierarchy must be followed for alleged breach of licence conditions. The District Controller could not bypass the prescribed procedure under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 by issuing the notices directly, so the notices were without jurisdiction and liable to be quashed. The earlier internal memorandum did not finally determine the controversy over reconstitution and non-disclosure of partners, but any fresh action still had to be initiated by the competent authority in the manner required by the Order.

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Issues: Whether the District Controller had jurisdiction to issue the impugned show cause notices and whether the earlier departmental consideration precluded a fresh proceeding on the same controversy.

Analysis: The licence-related inquiry under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 was governed by a specific statutory scheme. Clause 26 required the Sub-Divisional Controller to issue the show cause notice in case of alleged violation of a condition of licence, to receive the explanation, and to forward it with remarks to the District Controller for final decision after hearing. Clause 23, dealing with renewal, did not authorize the District Controller to bypass that procedure. The Court further held that the earlier internal memorandum did not finally decide the issue of reconstitution and non-disclosure of partners so as to bar further scrutiny, but the fresh action had still to be initiated by the authority designated by the Order.

Conclusion: The District Controller lacked jurisdiction to issue the impugned notices, and the notices were liable to be quashed.

Final Conclusion: The writ petition succeeded, while liberty was left to the competent authority to proceed afresh in accordance with the prescribed statutory procedure if warranted.

Ratio Decidendi: Where a special statute prescribes a particular authority and manner for initiating and deciding a proceeding for alleged breach of licence conditions, any deviation from that mandatory statutory hierarchy is without jurisdiction and cannot be treated as a mere irregularity.

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