Patna High CourtCWJC/1802/2018disposed

Sitaram Gupta v. The State Of Bihar And ORS

2018-09-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1802 of 2018 ====================================================== Sitaram Gupta, S/o Late Hira Lal Gupta, Resident of Village- Sabeya, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

2. The Commissioner, Saran Division, Chapra.

3. The Collector cum District Magistrate, Gopalganj at Gopalganj.

4. The Sub Divisional Officer, Hathua, District- Gopalganj.

5. The Assistant District Supply Officer, Hathua, District- Gopalganj.

6. The Block Supply Officer, Hathua, District- Gopalganj.

7. The Block Supply Inspector, Hathua, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh For the Respondent/s :

Mr. S. Raza Ahmad- Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2018 The present writ petition has been filed for quashing the order dated 05.02.2016 passed by the S.D.O, Hathua as also the appellate order dated 03.06.2016 and the revisional order dated 25.09.2017 on the ground that the S.,D.O, Hathua while issuing the show cause has not supplied the inquiry report, hence, the petitioner has not been able to put forth his defence in a proper manner.

In view of the well settled law held by this Court in catena of decisions, especially, in a case reported in 2013(2) PLJR 637, this Court finds that the impugned orders are not sustainable in the eyes of law, hence, the order of the S.D.O.,

Patna High Court CWJC No.1802 of 2018(2) dt.17-09-2018 2/2 Hathua dated 05.02.2016, the appellate order dated 03.06.2016 and the revisional order dated 25.09.2017 are quashed and the S.D.O., Hathua is directed to supply the inquiry report to the petitioner herein and grant him ample opportunity for filing his reply, whereafter, final decision be taken in accordance with law.

It is needless to state that in case, the S.D.O, Hathua finds that the inquiry report was supplied to the petitioner herein, he can move this Court for recall of the present order. The present writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U