Heard Sri S.D. Dwivedi, learned counsel for the petitioner and learned standing counsel for the respondents.
Petitioner's fair price shop agreement/ licence/ dealership was cancelled by Deputy Collector Sadar, Badaun through order dated 13.09.2007. Against the said order, petitioner filed Appeal No.825 of 2006-07. Deputy Commissioner, Food and Civil Supply, Bareilly Division, Bareilly dismissed the appeal through order dated 09.05.2008, hence this writ petition.
In the impugned order passed by the Deputy Collector, it is mentioned that after receiving complaints against the petitioner he got the matter enquired by Senior Supply Inspector and according to the said report the food-grains and the kerosene oil were not being distributed by the petitioner on fixed rates, hence through order dated 18.08.2007 petitioner's licence was suspended and explanation was called for along with last three months' sale records. The charge-sheet was received by the petitioner on 27.08.2007 and he gave his explanation on 01.09.2007. It is further mentioned in the said order that the explanation was not satisfactory hence final show cause notice was issued on 01.09.2007 referring again to the charge-sheet/ show cause notice dated 18.08.2007. However, the petitioner did not submit reply on all the points. Thereafter, it is mentioned that even after perusal of explanation given by the petitioner dated 01.09.2007, reply was found unsatisfactory. Thereafter, the agreement/ licence was cancelled. This is utterly unsatisfactory approach. Absolutely no reason has been given. It has not been mentioned that what was the excess amount which was being charged by the petitioner and who were the complainants.
Appellate Court also did not give reasons or mentioned specific instances. Only this much is mentioned that in the enquiry it was found that B.P.L. card-holders were not being distributed commodities since January, 2007, A.P.L. Card-holders were not being distributed kerosene oil since January, 2007 and some Antyodaya (poorest of the poor) card-holders were not being distributed kerosene oil since July, 2007. It was further mentioned that on the ration card farzi entries regarding distribution were being made. It is not clear that in case no commodity was being distributed then how the petitioner got cards and made the entries. It is not mentioned as to whether pursuant to the direction of the Deputy Collector petitioner had submitted the sale registers or not?
As both the impugned orders have been passed without giving any reason hence they are quashed. Matter is remanded to the Deputy Collector to pass a reasoned order giving specific instances. If copy of report of Supply Inspector was not given to the petitioner, the same shall also be supplied. Petitioner may file fresh reply. Petitioner shall also produce the relevant registers before the Deputy Collector.
Whenever inquiry is held before issuing show cause notice, its copy and the copies of the material relied upon by the Inquiry Officer like complaints, statements etc. shall be supplied to the dealer along with show cause notice or no reliance shall be placed thereupon in the order cancelling the dealership.
In this writ petition on 12.06.2008, it was directed that "The allotment of fair price shop dealership in the concerned village shall be subject to further orders passed by the Court".
Learned counsel for the petitioner states that card-holders to whom the petitioner was deputed to supply the commodities have been attached with the adjoining shop after cancellation of petitioner's licence/ agreement. It is directed that the said arrangement shall continue until fresh decision of the Deputy Collector and of Appellate Court, if appeal is filed against the said order.
Writ Petition is accordingly allowed as above.
Order Date :- 9.8.2012 NLY