The appeal filed by the petitioner against the order of the Sub Divisional Magistrate dated 08th June, 2010, has been dismissed by the Commissioner under Order dated 15th June, 2010 on the ground that an appeal under the relevant Government Order before the Commissioner is maintainable only against the suspension/cancellation of the fair price shop agency. The Commissioner has held that since the fair price shop agency of the petitioner has not been suspended or canceled, the appeal is not maintainable. Hence this petition.
Counsel for the petitioner submits that the order of the Commissioner is totally misplaced. Although word 'suspension' has not been used by the Sub Divisional Magistrate in his order dated 08th June, 2010, yet the order in fact has the effect of suspending the fair price shop agency of the petitioner, inasmuch as all ration card holders attached to the petitioner's shop have been withdrawn and attached to another shop. Counsel for the petitioner submits that there is no attraction in the word 'suspension' and if an order of the Sub Divisional Magistrate has the effect of suspending the running of the fair price shop agency then appeal would be maintainable.
I have heard learned counsel for the parties and have gone through the records of the writ petition.
The contention raised on behalf of the petitioner appears to be correct. The Sub Divisional Magistrate, after noticing that a recommendation has been made for suspension of the fair price shop agency of the petitioner, has directed that all ration card holders attached to the shop of the petitioner shall henceforth draw their essential commodities from the shop of village Biharipur.
In the opinion of the Court such order of withdrawing the ration card holders has the effect of suspending the working of the fair price shop agency. Therefore, this Court has no hesitation to hold that the order of the Sub Divisional Magistrate, which was challenged before the Commissioner, was in fact an order of suspension of the fair price shop agency of the petitioner pending enquiry into the allegations. The appeal filed by the petitioner was, therefore, maintainable in terms of the Government Order applicable. Accordingly, the order of the Commissioner dated 15th June, 2010 is hereby set aside. The appeal is restored to its original number. Let the Commissioner consider the appeal and stay application filed by the petitioner afresh on merits strictly in accordance with law, preferably within four weeks from the date a certified copy of this order is filed before him. With the aforesaid observation/direction the present writ petition is allowed. Order Date :- 22.6.2010 Pkb/