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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Arun Singh alias Arun Kumar Singh S/o Late Jagdish Prasad Singh – Petitioner
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No. 9309 of 2020
Decided On : 31-01-2022
PDS License - Bihar Targeted Public Distribution System - 2016 Order - [Clause 23, Clause 25, Clause 27] - The court discussed the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016, particularly Clause 23, Clause 25, and Clause 27, which mandate the monthly certificate of distribution of food grains and other commodities, circumstances for cancellation of license, and the power of the Licensing Authority to cancel the license. The court highlighted the duty of the Sub-Divisional Officer to ensure distribution under the supervision of public representatives and the need for reasons to justify the cancellation of license under Clause 25.
Fact of the Case:
The petitioner's PDS license was cancelled due to irregularities found during an inspection, leading to a series of appeals and revisions. The petitioner defended the allegations, citing specific reasons for the irregularities.
Finding of the Court:
The court found that the impugned order was vitiated due to apparent error in the decision-making process, arbitrary, unreasonable, and violative of principles of natural justice. The orders of the revisional and appellate authorities were also deemed bad in law.
Issues: The issues revolved around the irregularities found during the inspection, the petitioner's defense, and the adequacy of the opportunity given to the petitioner to present their case.
Ratio Decidendi: The court emphasized the need for the Licensing Authority to consider specific pleas and evidence presented by the petitioner, the duty to provide reasons for the cancellation of license, and the violation of principles of natural justice in rejecting the petitioner's defense without adequate consideration.
Final Decision: The impugned orders were set aside, and the Licensing Authority was directed to restore the PDS license to the petitioner.
JUDGMENT :
ANIL KUMAR SINHA, J.
1. The present writ application has been filed for quashing the order, dated 30.11.2017, issued under Memo No. 1220 (Annexure-3), by which the Sub-Divisional Officer, Sonepur, Saran-the Licensing Authority has cancelled the PDS license of the petitioner for running a fair price shop allotted under the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as ‘the 2016 Order’) and further for quashing the order, dated 22.10.2018, passed by the District Magistrate, Saran, Chapra, in Supply Appeal No. 80 of 2017, by which the Appellate Authority has upheld the order of the Licensing Authority and also for quashing of the order, dated 11.11.2019, passed by the Commissioner, Saran Division, in Supply Revision No. 29 of 2019, whereby the Revisional Authority has rejected the revision application preferred by the petitioner.
2. The brief facts, giving rise to the present writ application, is that the petitioner was granted license, vide License No. 86 of 2016, under Jitwarpur Gram Panchayat to run a fair price shop under the Public Distribution System. On 12.10.2017, the fair price shop of the petitioner was inspected by Inspection Team, which led to the issuance of show cause, dated 15.10.2017, issued by the Sub-Divisional Officer, Sonepur, Saran, which was served upon the petitioner containing following irregularities/allegations, requiring the petitioner to submit his reply within a fortnight:
(ii) Sample food grains were not displayed.
(iii) Weight and Measure License was not displayed.
(iv) Kerosene oil meant for the Sept. 2017 was being belatedly distributed in Oct. 2017.
(v) Dealer was not distributing the food grains/Kerosene oil each month and every month.
3. The petitioner, in pursuance thereof, submitted reply to the show-cause, stating therein that the Weight and measure License was renewed till October, 2018 and further stated that the list of beneficiaries and the sample food grains were on display in his shop. The petitioner further took the defence that due to Chhath festival, the food grain was being distributed first and then, kerosene oil was distributed and the distribution was being done under the supervision of Panchayat Level Vigilance Committee and stated that he always distributed prescribed quantity of food grains and kerosene oil at the prescribed rate and made entries into distribution register. The petitioner produced the photocopy of the distribution register and also produced statements, on affidavits, of some of the beneficiaries, who denied of any complaints being made against the petitioner during the course of enquiry.
4. On the other hand, the State filed a counter affidavit, stating therein that the fair price shop of the petitioner was inspected by a joint team of Supply Inspector-cum-Block Supply Officer, Dariyapur, Saran and the Executive Officer, Dighwara, Saran and during the course of inspection, certain irregularities were found in the operation of the fair price shop and, accordingly, the Licensing Authority issued a show cause to the petitioner directing him to file reply and a copy of the enquiry report was also supplied to the petitioner along with the show cause. After considering the show cause reply filed by the petitioner as well as other documents and materials available on record, the Licensing Authority, i.e. the Sub-Divisional Officer Sonepur, Chapra, cancelled the license of the petitioner to run the fair price shop under the Public Distribution System Scheme by the impugned order, dated 30.11.2017 inasmuch as the petitioner has violated the relevant provisions of the 2016 Order. The appeal, filed by the petitioner against the order of the Licensing Authority cancelling his license, has been dismissed by the District Magistrate, Chapra, Saran and the revision application filed by the petitioner has also been dismissed by the Commissioner, Saran Division, Chapra
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