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2013 Supreme(Pat) 554

JAYANANDAN SINGH
Krishna Kumar Srivastava – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. N. K. Agrawal, Sr. Adv. Mr. D. N. Tewari Mr. Vijay Anand
For the Respondent/s: Mr. Dhurjati Kumar Prasad, G.P.-VII Mr. Ram Shankar Prasad, A.C. to G.P.VII

ORDER

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 als




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