A show cause notice to a PDS dealer must contain specific details and supporting documents to ensure fair play and compliance with Principles of Natural Justice.

This Court has repeatedly made it clear that if a show cause notice is issued to a PDS dealer by the licensing authority on the basis of statement of consumers/beneficiaries attached to the shop in respect of non-supply or inadequate supply of food grains or charging higher amount than prescribed, names of such consumers/beneficiaries should be furnished to the dealer and, if any statement has been made on the basis of which any enquiry report has been submitted, copies of such statement and the report should also accompany the show cause. This basic requirement of fair play in action is only for compliance of Principles of Natural Justice. If the show cause notice is vague and does not contain particulars in support of the allegations and is not accompanied with the relevant materials which may be considered by the licensing authority at the time of passing final orders, the same has to be termed as giving inadequate opportunity to the PDS licence holder. In the circumstances, even if the dealer files his reply, defect in the notice cannot be condoned and any order passed on such allegation made in such notice cannot be sustained in the eye of law.

2. In the present case also, show cause notice, as contained in Annexure-3, refers to allegations received but without any details or supporting documents. It is asserted by the petitioner that the reply was not received in the office of the licensing authority and hence he had sent the same by post. In the impugned order it is mentioned that he had not filed any reply.

3. Be that as it may, since notice itself is vague and does not contain requisite details, the order passed on the basis of the same has to be held as illegal. Accordingly, impugned order of the Sub Divisional Officer, Sadar Ara dated 13.7.2012, as contained in Annexure-1, is quashed. He is granted liberty to issue fresh notice to the petitioner giving the particulars of the allegations enclosing supporting documents to enable the petitioner to file a proper reply within a reasonable time. Thereafter, he will pass fresh orders in the matter after considering the reply, if filed by the petitioner within the time fixed, in accordance with law.

4. Let a copy of this order be sent to the Principal Secretary of the Department so that he may communicate to all the licensing authorities in respect of compliance of Principles of Natural Justice in true letter and spirit before passing orders of cancellation of PDS Dealers’ licences.

5. This writ application is disposed of.