ORDER

CM APPL. 26200/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application shall stand disposed of.

W.P.(C) 8687/2022 and CM APPL. 26199/2022 (Stay)

3. This petition preferred by the Department of Excise challenges the order of 28 June 2019 passed by the Financial Commissioner. The order impugned restores the excise license which was granted to the respondent setting aside the order of 18 January 2018 in terms of which the same had been cancelled.

4. Learned counsel appearing for the petitioner Department submits that Section 16 of the Delhi Excise Act, 2009 [the Act] confers ample power on the competent authority to cancel a license granted for any reason whatsoever.

5. The Court finds itself unable to countenance that submission since undisputedly the Department acting as a public authority is obliged to act fairly and surely not whimsically. The expression for any reason whatsoever cannot be recognised as empowering the respondent to cancel a license on grounds which are not contemplated under the Act. The provisions of Section 16 cannot be viewed as granting the Department of Excise a carte blanche to cancel a license validly granted in terms of the provi