Brij Kishore Singh @ Brij Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5848 of 2020 ====================================================== Brij Kishore Singh @ Brij Kishor Singh son of Lakshman Singh, resident of village - Dhani Chhapra, P.O. and P.S.- Manjhi, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2.

The District Magistrate cum Collector, Saran at Chhapra. 3.

The District Supply Officer, Saran at Chhapra. 4.

The Sub-Divisional Officer cum Licensing Authority, Sadar, Chhapra. 5.

The Block Supply Officer, Manjhi, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Diwakar Upadhyaya For the Respondent/s :

Mr.Arvind Ujjawal ( SC-4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-02-2021 The present writ petition has been filed challenging the order dated 06.02.2020 passed by the S.D.O. Sadar, Chhapra, whereby and whereunder he has cancelled the P.D.S. license of the shop of the petitioner bearing P.D.S. License No. 160 of 2016, which has wrongly been mentioned in the impugned order as 151 of 2008.

The learned senior counsel for the petitioner Shri N.K. Agarwal has raised a short issue for consideration to the effect that while issuing the show cause notice dated 05.11.2019, the enquiry report has not been enclosed, hence admittedly the

Patna High Court CWJC No.5848 of 2020 dt.08-02-2021 2/3 petitioner has been precluded from submitting his wholesome defence resulting in violation of the principles of natural justice. Reference in this connection has been made to a judgment rendered in the case of Brahmdeo Rai vs. The State of Bihar & others reported in 2013(2) PLJR 706. At this juncture, the learned senior counsel for the petitioner has also submitted that the impugned order dated 05.11.2019 is also bad inasmuch as the proposed punishment has not been mentioned in the show cause notice dated 05.11.2019, hence the principles of natural justice has not been followed.

The learned counsel appearing for the State does not dispute the position as is existing in law.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned senior counsel for the petitioner as also taking into account the law laid down by this Court in the case of Brahmdeo Rai (supra), this Court finds that since admittedly a copy of the enquiry report has not been supplied to the petitioner herein, the petitioner has been precluded from taking a wholesome defence, resulting in violation of the principles of natural justice, thus the impugned order dated 06.02.2020 passed by the S.D.O. Sadar, Chhapra is quashed, however, with liberty to him to pass

Patna High Court CWJC No.5848 of 2020 dt.08-02-2021 3/3 appropriate orders after issuing fresh show cause notice and supplying a copy of the enquiry report, in accordance with law. The writ petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- AFR/NAFR CAV DATE Uploading Date Transmission Date