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2013 Supreme(Pat) 408

JAYANANDAN SINGH
Md. Najibul Haque Ansari – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. N.K. Agrawal & Mr. Anujit Sinha.
For the Respondents: Mr. Lakshman Lal Pandey.

ORDER

1. The order of the Licensing Authority, as contained in Annexure-1, by which PDS dealer licence of the petitioner has been cancelled, is under challenge in this writ application.

2. The specific ground of challenge to the order is that the enquiry report submitted by the Block Supply Officer, Paliganj on the basis of which the impugned order has been passed, was not supplied to him. It is submitted that show cause notice which was issued to the petitioner, as contained in Annexure-2, refers to the enquiry report and complaint of the beneficiaries against the petitioner in different respects. However, show cause notice does not disclose specific names of the beneficiaries who had lodged complaint before the authority or had made statements before the Enquiry Officer levelling such allegations against petitioner.

3. Learned counsel for the petitioner submits that notice issued on the basis of an enquiry report is totally vague and copy of the enquiry report was also not enclosed with the notice to substantiate the allegations against the petitioner incorporated in the notice.

4. After going through the notice, this Court finds that in respect of many allegations, statements


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