MADHURESH PRASAD
Birendra Paswan @ Virendra Paswan S/o Mungeshwar Paswan – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna – Respondent
JUDGMENT :
Heard learned Counsel for the petitioner as well as learned State Counsel, both of whom are appearing through virtual mode.
2. The Public Distribution System Licence (hereinafter referred to as “PDS” licence” for brevity) of the petitioner has been cancelled by the Sub-divisional Officer, Sherghati, under order dated 27.1.2015. Action has been taken on the basis of an inspection done of the petitioner's PDS premises by the Block Suopply Officer Gurua (Gaya) on 10.12.2014 based on certain allegations levelled by some persons. The Sub-divisional Officer after going through the inspection report, served a notice dated 18.12.2014 to the petitioner, wherein five irregularities were alleged;
(ii) the petitioner was not opening his dealership as per the direction issued by the Government and
(iii) that he was opening the dealership as per his own whims.
(iv) The petitioner is also alleged to be misbehaving with the beneficiaries.
(v) The last allegation is that after distribution of the essential commodities for a particular month the petitioner used to make a false entry that he has made supply for two months.
3. The petiti
Chairman Life Insurance Corporation of India & ors Vs. A Masilamani reported in (2013) 6 SCC 530
Indian Oil Corpn. Ltd. v. Santosh Kumar (2006) 11 SCC 147 : (2007) 1 SCC (L&S) 388
Bhikhubhai Vithlabhai Patel v. State of Gujarat (2008) 4 SCC 144 : AIR 2008 SC 1771
Dharampal Satyapal Ltd. Vs. Deputy Commissioner of Central Excise
Mohinder Singh Gill v. Chief Election Commr. (1978) 1 SCC 405 : AIR 1978 SC 851
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