WP(C) 6377/2011 BEFORE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. A.M. Barbhuiya, learned counsel appearing for the petitioner. Also hea rd Mr. B.J. Ghosh, learned State counsel for the respondents. The grievance of the petitioner is that he is a consumer of the respondent No.7, who is an Agent of the Fair Price Shop of PDS goods under the Dhonipur G.P.S.S. Ltd., Lala, Hailakandi. Since last two years, serious allegations of irregulari ties started to pour in against the respondent No.7 as regards the distribution of the PDS commodities. Seeking redress, the petitioner and some other consumers had filed a complaint t o the Deputy Commissioner, Hailakandi on 26.09.2011. On the basis of their compl aint, order bearing No.HS.13/2009/Pt./49, dated 01.10.2011 was passed directing an enquiry within seven days. When the enquiry was taken up, surprisingly an ord er bearing No.HS.13/2009/Pt.II/105-A, dated 03.12.2011 was passed by the said De puty Commissioner, Hailakandi, closing the entire procedure of enquiry. The rele vant part of the order is extracted hereunder : After hearing, the F.P. Shop agent given assurance to maintain rules & regulati on and also abide by the terms and condition of APDA Order, 1982. The F.P. Shop agent stated in writing in the shope of undertaking that no irregularities will not repeat further. Hence, the suspension order issued vide this Office Memo No. HS.13/2009/Pt./49 dt.01.10.2011 is hereby withdrawn as 1st time offence with str ong warning to distribute PDS/TPDS goods to the consumer as per scale & Govt. fi xed price in time. Any violation of the said assurance and written undertaking b y the F.P. Shop agent under M/s Dhonipur GPSS Ltd. will invite action for cancel lation of the licence without issuing prior notice. This order come into force with effect from 5th Dec/2011. The entire procedure for enquiry was thus aborted unceremoniously. Suspicion rul ed the roost and the petitioner as well as other consumers felt let down. I have gone through the averments made in the writ petition and found that it is a case where the higher authority should exercise their good office for protect ing the interest of the consumers and for dispelling all doubts about transactio n of the PDS materials. Accordingly, I direct the Commissioner & Secretary to the Govt. of Assam, Food, Civil Supplies and Consumers Affairs Department, to make an enquiry into the all egations, affording an opportunity to the writ petitioner and if he thinks neces sary, to the other consumers attached to the said Fair Price Shop. The said auth ority is further directed to seriously probe the role of the concerned Deputy Co mmissioner, Hailakandi, in aborting the enquiry in the midst. The writ petitioner is directed to furnish a copy of the writ petition and a cop y of this order to the Commissioner & Secretary, Govt. of Assam, Food, Civil Sup plies and Consumer Affairs Department, within a period of 15(fifteen) days from today. It is expected that the Commissioner & Secretary, Govt. of Assam, Food, C ivil Supplies and Consumer Affairs Department shall complete the enquiry and pas s the appropriate reasoned order within a period of 1(one) month thereafter. With this direction, the writ petition is disposed of. A copy of the order be furnished to the learned counsel for the parties for doin g the needful.