Court No. 21
Civil Misc. Writ Petition No. 14326 of 2010
Ramji Singh
Versus
State of U. P. and others
Hon'ble V.K.Shukla,J.
Petitioner a fair price shop agent is assailing the validity of the order
of cancellation dated 11.01.2008 and the order of its affirmance in Appeal in
24.02.2010.
Brief background of the case is that petitioner has been fair price
shop licensee and qua running of agency by him complaint has been made
and then in respect of the same inquiry was got carried out by Supply
Inspector and then report was submitted and based on the report which has
been submitted opinion was formed that shop in question was not being run
by petitioner and irregularities have been committed in distribution.
Petitioners’ fair price shop agency was kept under suspension and petitioner
was asked to submit his reply. Petitioner submitted his reply on 08.11.2007
supported by an affidavit of 27 card holders. After the said reply in question
has been submitted the contents of said affidavit was got examined by
Kitabuddin and Chavinath and thereafter based on the said report of Supply
Inspectors order of cancellation has been passed and same has been
affirmed in appeal.
Counter affidavit, rejoinder affidavits have been exchanged and
thereafter present writ petition in question has been taken up for final
hearing and disposal with the consent of the parties.
Sri Gyanendra Kumar Singh, learned counsel for the petitioner
contended with vehemence that in the present case after reply in question
has been submitted and in case there has been any dissatisfaction on the
part of the Licensing Authority and in the same direction further verification
was being undertaken then petitioner ought to have been apprised of the
outcome of the verification proceeding so that petitioner could have
rebutted the adverse presumption which has been drawn against him and in
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such a situation and in this background petitioner submits that procedure
adopted contravenes and violates the principle of natural justice, as such
writ petition deserves to be allowed.
Countering the said submission, learned Standing counsel on the
other hand contended that rightful view has been taken in the matter, as
such no interference should be made.
After respective arguments have been advanced factual position
which is emerging in the present case is that show cause notice was issued
to the petitioner and to the said show cause notice petitioner submitted
detailed elaborate reply supported by affidavit of 27 incumbents and after
receiving said reply in order to verify the genuineness of the reply filed by
petitioner, Licensing Authority has asked two Supply Inspectors to get
verification proceedings done and two Supply Inspectors thereafter
submitted report and by placing reliance on the said report Licensing
Authority formed opinion that illegality has been committed and proceeded
to pass order of cancellation. Procedure adopted clearly contravenes and
violates the principle of natural justice, inasmuch as after the said reply has
been submitted and further inquiry was got made and adverse report was
given then copy of the same ought to have been supplied to the petitioner
and thereafter decision ought to have been taken.
Consequently, both the orders impugned passed by Licensing
Authority on 11.01.2008 as well as by the Appellate Forum in Appeal dated
24.02.2010 are not approved of, as such same are quashed and set aside.
However passing of this order will not prevent the Licensing Authority to
take fresh decision after giving opportunity to petitioner. Said exercise be
undertaken within next three month after supplying copy of the report of
subsequent verification proceeding.
With the above observation and direction present writ petition is
allowed.
Dated 06.08.2010
Dhruv