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4. It is evident that the petitioner is wrongly interpreting the law and the guidelines and is mixing up the nature of inspections carried out under FCO than with the nature of inspections carried out by the Department of Fertilizer.
5.The petitioner has questioned the guidelines and stated that DoF guidelines dated 21.09.2022 are perverse to the statute and moreover there is no procedure prescribed for removing the manufacturer from NBS. The petitioner company was inducted into Nutrient Based subsidy policy as per the guidelines of the Department. The registration of a company as a manufacturer/dealer/distributer of Fertilizer is carried out under FCO. Only those FCO registered units can apply for induction into NBS as per the Department guidelines. Thus petitioner company are required to comply with all provisions of FCO-1985 and DoF guidelines dated 21.09.2022 and other guidelines applicable to the industry as issued by the Department of Fertilizers time to time. FCO-1985 is an umbrella law which is to be complied by the units along with SSP guidelines. Provisions of FCO -1985 are inherent part of DoF guidelines. FCO compliance is precondition to claim subsidy under the guidelines. Any violation of FCO-1985 or DoF guidelines, the Department of Fertilizers reserves the right to remove the petitioner from Nutrient Based subsidy policy as per guidelines. It is to be mentioned that no action has been taken by DoF under FCO against the petitioner. SSP division has clarified the State government was informed about the inspection and was requested to take legal and punitive action under FCO 1985, EC Act and relevant IPC sections. The Officer from the Agriculture Department of the State Government was present during the inspection and has issued stop sale notice also with endorsement to SSP flying squad, DoF. Further, order dated 13 March 2024 has also been forwarded to Chief Secretary for further necessary action. The petitioner is only removed from NBS and not eligible to receive subsidy from the Government of India and claim bills by entering in iFMS. The petitioner is saying they are not bound to follow such guidelines. On the one hand, the petitioner is inducted into NBS by way of guidelines and on the other hand the petitioner is quoting they are not obliged to follow the guidelines.

3. The registration of a company as a manufacturer of Fertilizer is carried out under FCO, Only those FCO registered units can apply for induction into NBS as per the Department guidelines. Thus petitioner company is required to comply with all provisions of CO-1985 and DoF guidelines dated 21.09.2022 and other guidelines applicable to the industry as issued by the Department of Fertilizers. FCO-1985 is an umbrella law to be complied by the units along with SSP guidelines. The SSP guidelines inherently includes FCO-1985 provisions it being a precondition to avail the subsidy under the DoF guidelines. In case of any violation of FCO-1985 or DoF guidelines, the Department of Fertilizers reserves the right to remove the petitioner from Nutrient Based subsidy policy as per guidelines. The petitioner was not tried under FCO by the Department. No action has been taken by DoF under FCO against the petitioner. As SSP division has clarified the State government was informed about the inspection and was requested to take legal and punitive action under FCO 1985, EC Act and relevant IPC sections. Further, order dated 13 March 2024 has also been forwarded to Chief Secretary for further necessary action. The copy of the order of removal from NBS dated 13 March 2024 has been forwarded to Chief Secretary, West Bengal for further necessary action. The petitioner is only removed from NBS and not eligible to receive subsidy from the Government of India and claim bills by entering in iFMS.

22.3. Significantly, the "Oral Hearing Report" records at various places that the petitioner was neither tried nor any action had been taken against it under the FCO. The relevant extracts of the "Oral Hearing Report" where this aspect had been adverted to are reproduced hereunder:

"SSP Division, DoF counter-reply:
The petitioner stated that DoF guidelines dated 21.09.2022 are perverse to the statute and they are not obliged by any way what so ever to follow such guidelines. The petitioner company was inducted into Nutrient Based subsidy policy as per the guidelines of the Department. The registration of a company as a manufacturer/dealer/distributer of Fertilizer is carried out under FCO. Only those FCO registered units can apply for induction into NBS as per the Department guidelines. Thus petitioner company are required to comply with all provisions ofFCO-1985 and DoF guidelines dated 21.09.2022 and other guidelines applicable to the industry as issued by the Department of Fertilizers time and again. FCO- 1985 is an umbrella law to be complied by the units along with SSP guidelines. The SSP guidelines are not contradictory to any provisions of FCO-1985. Any violation of FCO-1985 or Dof guidelines, the Department of Fertilizers reserves the right to remove the petitioner from Nutrient Based subsidy policy as per guidelines. The petitioner was not tried under section 31 of FCO. No action has been taken by DoF under FCO against the petitioner. The petitioner is only removed from NBS and not eligible to receive subsidy from the Government of India and claim bills by entering in iFMS. The petitioner is free to run their business as per FCO. The petitioner is saying they are not bound to follow such guidelines. On the one hand, the petitioner is inducted into NBS by way of guidelines and on the other hand the petitioner is quoting they are not obliged to follow the guidelines. The observations of DoF on the violations by the petitioner company as cited in DoF Order dated 13.03.2024 is again reiterated. 
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                                 ANALYSIS
........5. The petitioner has questioned the guidelines and stated that DoF guidelines dated 21.09.2022 are perverse to the statute and moreover there is no procedure prescribed for removing the manufacturer from NBS. The petitioner company was inducted into Nutrient Based subsidy policy as per the guidelines of the Department. The registration of a company as a manufacturer/dealer/distributer of Fertilizer is carried out under FCO. Only those FCO registered units can apply for induction into NBS as per the Department guidelines. Thus petitioner company are required to comply with all provisions of FCO-1985 and DoF guidelines dated 21.09.2022 and other guidelines applicable to the industry as issued by the Department of Fertilizers time to time. FCO-1985 is an umbrella law which is to be complied by the units along with SSP guidelines. Provisions of FCO -1985 are inherent part of DoF guidelines. FCO compliance is precondition to claim subsidy under the guidelines. Any violation of FCO-1985 or DoF guidelines, the Department of Fertilizers reserves the right to remove the petitioner from Nutrient Based subsidy policy as per guidelines. It is to be mentioned that no action has been taken by DoF under FCO against the petitioner. SSP division has clarified the State government was informed about the inspection and was requested to take legal and punitive action under FCO 1985, EC Act and relevant IPC sections. The Officer from the Agriculture Department of the State Government was present during the inspection and has issued stop sale notice also with endorsement to SSP flying squad, DoF. Further, order dated 13 March 2024 has also been forwarded to Chief Secretary for further necessary action. The petitioner is only removed from NBS and not eligible to receive subsidy from the Government of India and claim bills by entering in iFMS. The petitioner is saying they are not bound to follow such guidelines. On the one hand, the petitioner is inducted into NBS by way of guidelines and on the other hand the petitioner is quoting they are not obliged to follow the guidelines.