Court No. - 46
Case :- WRIT - C No. - 14585 of 2019 Petitioner :- Kaushal Singhal Respondent :- District Supply Officer And Another Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the petitioner and Sri Harish Chandra Dubey, learned Standing Counsel.
The petitioner is fair price shop agent of Kasba Deoband, District Saharanpur. It appears that the licence of the petitioner has been suspended by respondent no.1 by order dated 22.09.2018. The petitioner has submitted her reply on 23.03.2019 to the respondent no.1.
The grievance of the petitioner is that till date her enquiry has not been concluded though Section 8(8) of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as 'Code 2016') provides that the maximum period within which proceedings relating to enquiry into irregularities committed by the fair price shop owner shall be concluded in two months.
Learned Standing Counsel submits that no useful purpose would be served by keeping the writ petition pending.
Be that as it may, Section 8(8) of Code, 2016 provides that the competent authority shall decide the matter within a period of two months from the date of initiation of proceeding. Therefore, considering the facts and circumstances of the case and without adverting anything on the merit and with the consent of the parties, the writ petition is disposed of with a direction to the respondent no. 2 to conclude the enquiry proceedings against the petitioner expeditiously, preferably within a period of four months from the date of production of certified copy of the order, if there is no other legal impediment in concluding the enquiry.
With the aforesaid observations the writ petition is disposed off.
Order Date :- 26.4.2019 Sattyarth