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3. It is pertinent to mention herein that the said QRC officials on 14.07.2023 at the time of inspection has detected several other irregularities. Show cause was issued upon the petitioner. At the time of passing the speaking order against the show cause vide order dated 14.09.2023, the respondent authority has imposed minor penalties for other irregularities but only in case of observation of more than 25% of filled LPG Cylinder loaded in a delivery vehicle for delivery of customers found underweight beyond permissible limit prescribed in the Legal Metrology (Packages Commodities) Rules, 2011, found to be a major irregularities under Clause 2.1.2 of MDG 2022. The respondent authority has imposed the fine upon the petitioner distributorship for the reason of one major irregularities as first instance under marketing distributing guideline 2002 and petitioners advised to deposit fine amount of Rs.-1,90,566/-

4. Issue Involved- Whether imposition of penalty by the authority for alleged major irregularities by the respondent authority is an arbitrary, or unreasonable action?

5. For better understanding of the issue let me dealt with the core of the disputes.

6. On 14th of July 2023 QRC team inspected the petitioner's godown. During that inspection they found a vehicle was loaded with re-filled cylinders for distribution to the customers. They checked and weighd the re-filled cylinders, it appears that out of 20 re-filled cylinders, 06 cylinders are under weigh. According to legal metrology (Packages Commodities) Rules 2011, permissible error on net quantity by weigh is 150 Grams (+/- 10 Grams), would permit for error up to 150 to 160 Grams.

10. Mr. Soumya Majumder, Learned Senior Counsel for the petitioner submits that at the time of inspection as per MDG Guidelines, platform digital weighing owing scale at least count +/- 10 Grams prescribed in the legal metrology (package commodities) Rules 2011 was not used though the same was available in the godown, rather QRC team used hand held electronics device at the time of weighing the cylinders.

11. Mr. Majumder further submits that calculation recorded by the team only one digit after decimal resulted a faulty calculation. This action of the team showing systematic error during measurement.

As per MDG guidelines 2022, under the clause No.
1. PROCEDURE FOR HANDLING OF LPG CYLINDERS BY DISTRIBUTORS -
1.4 QUALITY/QUANTITY CONTROL MEASURES Clause no. 1.4 (c) and 1.4 (d) 1.4 (c) All the cylinders taken out for delivery should be checked for correctness of net weight on the platform type digital weighing scale of least count +/- 10 gms prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011 as amended from time to time. Cylinders that have net weight beyond permissible limit prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011 as amended from time to time should be segregated and returned to concern Bottling Plant 1.4 (d) Cylinder with correct net weight only should be taken out for delivery to the customers.