Raja Ram Paswan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6761 of 2015 =========================================================== Raja Ram Paswan S/o Late Ram Krishna Paswan, resident of villageModanganj, P.S.- Ghoshi, Distt.- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1.
2. The Joint Secretary, Food & Consumer Protection Department, Govt. of Bihar, Old Secretariat, Patna-1.
3. The Collector, Jehanabad.
4. The Sub Divisional Officer, Jehanabad.
5. The Assistant District Supply Officer, Jehanabad.
6. The Block Supply Supplier, Modanganj.
7. The Block Supply Officer, Town Area, Jehanabad, Dist. Jehanabad. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Aditya Narayan, Adv For the Respondent/s : Mr. GP27- PURNENDU SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for quashing the order dated 06.08.2014 passed by the Collector, Jehanabad in Supply Appeal No. 17/2014 affirming the order dated 30.05.2012 passed by the Sub Divisional Officer, Jehanabad by which the licence of the petitioner's Fair Price shop bearing no. 33 of 2007 has been cancelled and monthly allotment has been stopped; and further to restore the
petitioner's licence.
3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the complaint and comments on the allegations were was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para 18 of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of complaint and comments on the allegations to the petitioner , though the same had been relied upon in the impugned order. Such infirmity could not be cured in the appeal as well.
4. Learned counsel for the respondents appears and has been heard.
5. In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 30.05.2012 (Annexure-6) and the appellate order dated 06.08.2014 (Annexure-10) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Jehanabad for taking decision afresh in the matter after supplying a copy of complaint and comments on the allegations to the petitioner and
granting an opportunity of hearing in accordance with law. Licence of the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 4.
6. It is made clear that in case the stand of the petitioner denying receipt of the complaint and comments on the allegations prior to order of cancellation being passed is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment.
7. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/Md. Ibrarul AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2018 Transmission Date NA