Court Has No Need To Interfere When A Fair Inquiry Took Place Before Taking The Decision: Patna High Court
Citation: L.P.A No.534 of 2021
Decided on: 10-10-2023
Coram: Honourable The Chief Justice And Honourable Mr. Justice Rajiv Roy
Introduction:
The present appeal has been preferred for setting aside the order and judgment dated 06.08.2021 passed by Hon’ble Single Judge in CWJC No. 1192 of 2020 by which the writ petition preferred by the appellant was dismissed.
Facts:
The appellant-petitioner was a PDS dealer at village in Ward No. 11, village-Panapur in the District of East Champaran. Vide notice contained in memo no. 373 dated 04.10.2018 issued under the signature of respondent Sub Divisional Officer, Areraj, East Champaran, the appellant- petitioner was directed to file show cause within a period of three days with respect to the inspection report dated 04.10.18. On 8.10.2018, the appellant-petitioner submitted the representation with a prayer to exonerate him from all the charges. It has been indicated that due to illness, he could not maintain the up-to-date register. He enclosed medical prescription to support the case.
Again vide notice contained in memo no. 384 dated 13.10.2018 passed by Responden, he was asked to file reply. On 22.10.2018, the appellant-petitioner submitted reply reiterating his earlier version. hereafter, vide an order as contained in memo no. 03 dated 27.10.2018 issued by the respondent, the PDS license no. 01/2016 of the appellant-petitioner was cancelled. This followed CWJC No. 13921 of 2019 by the appellant-petitioner which was disposed of vide an order dated 15.7.2019 directing the respondent District Magistrate, East Champaran to dispose of the appeal within sixty days.
The case of the appellant-petitioner before the Writ Court was that no proper opportunity was given to him before the order for cancellation of PDS license was passed. The second submission was that no beneficiary ever complained against him. Further, the document submitted by him was not at all considered and in that background, the orders need interference.
Court’s analysis and decision:
In his show cause filed on 08.10.2018 and 22.10.2018, this non supply of enquiry report was never agitated and thus it was concluded that a false plea is being raised in the writ petition with mala fide intention of obtaining favourable order, which was also deprecated.
The Court has further taken note of the fact that the respondents gave opportunity to the appellant-petitioner before arriving at a conclusion for cancellation of the PDS license. Thus the court did not interfere with the orders dated 27.10.2018 and 29.11.2019 passed by the SDO, Areraj as well as the District Magistrate, East Champaran respectively.
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Written by- Sushant Kumar Sharma