SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Pat) 226

SANJEEV PRAKASH SHARMA
Shyam Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Anand Kr. Ojha, Ashok Kumar Karna, Abhishek Raj.
For the Respondents: Mr. Bijoy Kr. Sinha, Adv. AC to AAG-5.

Sanjeev Prakash Sharma, J. – One of the submissions of the learned counsel for the petitioner is that the show-cause issued to the petitioner on 13th of April, 2015 mentioned about five different shortcomings and discrepancies found during inspection conducted on 07.04.2015, whereas the S.D.O. Sadar, Darbhanga, while passing order dated 08.12.2015, has taken into consideration several other discrepancies including allegations levelled by the Block Supply Officer, Hanuman Nagar dated 08.09.2015 of not depositing the amount for the distribution under Antyodaya & PHH.

2. Learned counsel submits that no show-cause or opportunity was provided with regard to the other allegations which have been made as a basis for cancellation of license and, therefore, the action of cancellation is violative of Rule 27(2) of the Rules of the order which is PDS Control Order, 2016 and the earlier PDS Control Order, 2001.

3. Learned counsel for the petitioner has further assailed the order dated 16.06.2017, passed in P.D.S. Appeal No. 05 of 2016. He submits that the aforesaid submissions have not been considered by the appellate authority too.

4. I have considered the submissions. Rule 27(2) of the Control

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top