Court No. - 26
Case :- WRIT - C No. - 5540 of 2018 Petitioner :- Arvind Kumar Ram Respondent :- State Of U.P.
Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
In pursuance of the order passed by this Court on 12.3.2018, the learned standing counsel has filed a counter affidavit along with stay vacation application which is taken on record.
The petitioner has also filed a supplementary affidavit which is taken on record.
It is the case of the petitioner in the supplementary affidavit that he has received a copy of the undated and unnumbered suspension order from the office of the District Supply Officer.
It has been submitted by the District Supply Officer in the counter affidavit duly sworn by him that a show cause notice was issued by Sub Divisional Magistrate, Fefana to the petitioner on 10.7.2017. The petitioner submitted his explanation to the SDM, Fefana on 24.8.2017.
The District Supply Officer however took action against the petitioner in pursuance of an independent enquiry held in pursuance of complaint received by him and the enquiry report dated 27.10.2017. The enquiry report dated 27.10.2017 has been filed an Annexure CA- 5 to the counter affidavit.
It has been submitted that the show cause notice issued by the SDM, Fefana on 10.7.2017 has no relation with the show cause notice issued by the District Supply Officer on 31.10.2017 in pursuance of an enquiry report dated 27.10.2017. The District Supply Officer has been independently authorised to take action against the Fair Price Shop licensee even in rural areas as per the Government Orders dated 4.1.2001 and 17.8.2002 filed as Annexure CA-1 and 2 to the counter affidavit.
In pursuance of order passed by this Court, the District Supply Officer has restored the supply of scheduled commodities to the shop of the petitioner on 8.3.2018 till the next date of hearing of the writ petition and a copy of the such order has been filed as Annexure CA-4 to the counter affidavit.
With regard to undated and unnumbered suspension order, the District Supply Officer has conducted an enquiry and after explanation of the officers concerned has passed order awarding adverse entry to such employees on 13.3.2018.
In pursuance of the order passed by this Court on 12.3.2018, the original dispatch register of the office of the District Supply Officer staring from 23 September 2017 has been produced before this Court. It shows that the dispatch of order no. 1241 on 31.10.2017 to the licensee as well as to the SDM, Sadar, Ballia, Supply Inspector, Gadwar, Marketing Inspector and concerned Block Distributor for kerosene oil.
The petitioner has appropriate remedy of filing an Appeal against the suspension order under paragraph 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
This Court therefore does not find any good ground to show any interference at this stage.
The writ petition is dismissed.
It will open for the petitioner to approach the Appellate Authority against the suspension order.
Interim order shall stand discharged.
Order Date :- 30.3.2018 Arif