Allahabad High Court
Raj Kumar Misra vs State Of U.P. Thru. Addl. Chief Secy. ... on 18 January, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:5521 Court No. - 6 Case :- WRIT - C No. - 6432 of 2022 Petitioner :- Raj Kumar Misra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Food And Civil Supplies Lko. And 5 Others Counsel for Petitioner :- Rakesh Chandra Tewari,Raghvendra Tewari,Rajesh Kumar Tewari,Shwetabh Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri R.C. Tiwari, learned counsel for the petitioner, learned Standing Counsel for the State and perused the material available on record.
2. By means of the present writ petition, the petitioner has challenged order dated 01.12.2020 passed by Sub Divisional Magistrate, Tehsil Amethi, District Amethi thereby cancelling the fair price shop licence of the petitioner as well as the order dated 26.07.2022 passed by the Deputy Commissioner (Food), Ayodhya Division, Ayodhya thereby rejecting the appeal preferred by the petitioner against the order of cancellation of fair price shop licence of the petitioner.
3. It has been submitted by learned counsel for petitioner that the petitioner is a permanent resident of Village & Post Sawangi, Block Bhadar, Tehsil & District Amethi and was allotted a fair price shop in Gram Panchayat Sawangi in the year 1991 and had been running the same for the last 30 years. It seems that certain complaints were made against the petitioner on 09.07.2020 and 27.07.2020 before the Sub Divisional Magistrate, Tehsil Amethi, District Amethi. The allegations pertaining to charging extra money for the goods distributed by him and also that he was distributing lesser quantity of goods of Ration, which he was to which the card holders were entitled to. An inquiry into the complaints was made and District Supply Inspector Bhadar District Amethi was directed to make a preliminary inquiry into the veracity of allegations levelled against the petitioner. After due inquiry, the District Supply Inspector submitted a report on 29.7.2020 after recording the statements of all the complainants and in his report, he found that most of the complaints stood verified accordingly, he was of the view that there are serious allegations against the petitioner. On the receipt of the said report, the Sub Divisional Magistrate, Tehsil Amethi, District Amethi suspended the fair price shop licence of the petitioner by means of order dated 10.08.2020. The petitioner was also asked to submit a detailed reply to the charges levelled against him and accordingly he submitted his reply on 25.08.2020. In his reply, he denied the allegations and also filed affidavits of the card holders in his support stating that there is no infirmity or illegality in the distribution in the goods. The reply of the petitioner was also subjected to inquiry by the Food Inspector, Amethi and Naib Tehsildar, jointly inquired into the reply filed by the petitioner. In the meanwhile, it seems that some more complaints were filed against the petitioner and again an inquiry in this regard was conducted by the Regional Food Officer and Naib Tehsildar, Amethi on 15.10.2020, who immediately went to the village and started recording statements of certain persons. Suddenly on the villagers coming to know of the said inquiry gathered and law and order situation gathered.
4. It is in the aforesaid facts, the District Magistrate, Amethi ordered an inquiry to be conducted again one Rakesh Kumar, Additional Magistrate-I, District Amethi, who was directed to submit his inquiry report within one week. The said report was submitted on 28.10.2020 to the District Magistrate, who stated that he had verified the said complaints after going from house to house for each the complainant and it was found that the petitioner was guilty of not distributing the prescribed quantity food grains and also that he was charging more amount from the Antyoday Card Holders. Immediately after receipt of the inquiry report, dated 28.10.2020, the District Magistrate, examined the same and the matter was sent to the Sub Divisional Magistrate, who found that charges levelled against the petitioner was extremely serious and accordingly by means of the impugned order dated 01.12.2020 cancelled the fair price shop licence of the petitioner.
5. The petitioner being aggrieved to the order of cancellation of fair price shop licence dated 01.12.2020 preferred an appeal before the Deputy Commissioner (Food), Ayodhya Division, Ayodhya, who has affirmed the order of the Prescribed Authority cancelling the fair price shop licence of the petitioner and rejected the appeal by means of order dated 26.07.2022.
6. At the very outset, learned counsel for petitioner has submitted that the order of cancellation of fair price shop of the petitioner is illegal and arbitrary, inasmuch as it has been passed without affording any opportunity to the petitioner. He submits that merely on the basis of an inspection report submitted by the Additional Magistrate-I Amethi on 28.10.2020, which was done at the behest of the District Magistrate, Amethi, who directed to Sub Divisional Magistrate, Amethi to cancel the fair price shop licence of the petitioner and it is in pursuance to the said directions licence of fair price shop has been cancelled by the Sub Divisional Magistrate, Amethi. The impugned order does not mention that after the report was submitted by the Additional Magistrate-I, any show cause notice or any charge sheet was given to the petitioner or any response was sought from him prior to passing of the impugned orders. He submits that before passing any order, which affects the civil rights of any person, it is incumbent upon the State to adhere to the principles of natural justice and given opportunity of hearing. In the present case, no opportunity of hearing was given to the petitioner prior to passing of the impugned orders. Consequently, the same is in clear violation of principles of natural justice and accordingly is in violation of Article 14 of the Constitution of India.
7. Learned Standing Counsel on the other hand has opposed the writ petition but could dispute the aforesaid facts. Even in the counter affidavit filed by the State, it has been stated that on the basis of the inquiry report dated 28.10.2020, it was found that the petitioner was not discharging his duties in the proper manner and in the list of eligible Antyoday Card Holder and poor individual was not pasted and necessary information was not marked and the allegations in the complaints were found to be true after inquiry and accordingly the licence of the fair price shop of the petitioner was terminated.
8. Learned counsel for petitioner has submitted that the procedure for cancellation of fair price shop of licence has been detailed by the respondents themselves in the Government Order dated 5.8.2019 where the clear provisions are there for giving opportunity of hearing to the fair price shop licencee before cancelling the same.
9. Without going into the merits of the case, this Court is satisfied that no opportunity of hearing in any manner was afforded to the petitioner prior to cancellation of fair price shop licence on receipt of the inquiry report by the Additional Magistrate-I Amethi on 28.10.2020, the authorities straightway proceeded to cancel the fair price shop licence of the petitioner. It was incumbent upon them to have given a show cause notice to the petitioner enclosing therein all the material on the basis of which the allegations against the petitioner was said to be proved. Once the petitioner had an opportunity to respond to the allegations, then it was open for the respondents to consider and take a decision on the reply submitted by the petitioner and thereupon pass necessary orders with regard to the cancellation of fair price shop licence of the petitioner. The procedure which has been followed by the respondent is alien to the provisions of Government Order dated 05.08.2019 and consequently such an order is being violative of principles of natural justice and cannot be sustained.
10. In light of the above, the writ petition is allowed and both the impugned orders order dated 01.12.2020 passed by Sub Divisional Magistrate, Tehsil Amethi, District Amethi and order dated 26.07.2022 passed by the Deputy Commissioner (Food), Ayodhya Division, Ayodhya are set aside. The matter is remitted to the Sub Divisional Magistrate, Amethi to pass a fresh order after giving opportunity of hearing to the petitioner in accordance with law. Considering the fact that much time has elapsed, he is directed to pass appropriate orders expeditiously say within a period of two months from the date a certified copy of this order is produced before him..
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(Alok Mathur, J.) Order Date :- 18.1.2024 Virendra