Dilip Kumar Dubey v. The State Of Bihar, Department Of Food And Consumer Protection,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10872 of 2021 ====================================================== Dilip Kumar Dubey S/o Dev Narayan Dubey Resident of Village - Patar Pahri, P.S. - chakai, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar, Department of Food and Consumer Protection, Government of Bihar, Patna.

2.

The Collector, Jamui.

3.

The Sub Divisional Officer, Jamui.

4.

The Block Supply Officer, Chakai.

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to Standing Counsel-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-10-2021 The present writ petition has been filed seeking quashing of the order dated 08.04.2021, whereby and whereunder the PDS licence of the petitioner bearing License No. 15010018 of 2016 has been cancelled.

The learned counsel for the petitioner has referred to the show cause notice dated 12.03.2021 to show that admittedly the enquiry report has not been furnished along with the show cause notice as the same does not mention about any enclosure being appended therewith, hence it is submitted that the same has resulted in violation of the principles of natural justice. The learned counsel for the respondent-State Shri Upendra Pratap Singh, AC to Standing Counsel-4 has not

Patna High Court CWJC No.10872 of 2021(2) dt.08-10-2021 2/2 disputed the position as is existing in law.

Having regard to the facts and circumstances of the case and considering the materials on record, this Court finds that a bare perusal of the show cause notice dated 12.03.2021 would show that admittedly the same does not mention about any enclosure being supplied along with the said show cause notice dated 12.03.2021, hence apparently the enquiry report has not been supplied to the petitioner, which has resulted in violation of the principles of natural justice, in as much as the petitioner has been precluded from being granted adequate opportunity to furnish his wholesome defence, thus, the impugned order dated 08.04.2021 stands vitiated in the eyes of law, hence is quashed, however, the matter is remanded back to the Sub-Divisional Officer, Jamui, with liberty to proceed afresh in the matter, in accordance with law.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U