JUDGMENT :

1. Heard Ms. T. Som, learned counsel for the petitioner and Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for all the respondents.

2. The instant writ petition under Article 226 of the Constitution of India has been instituted by the petitioner to assail an order dated 13.05.2013 passed by the respondent no. 3 i.e. the Assistant Director, Food, Civil Supplies & Consumer Affairs, Rangia whereby the petitioner was placed under suspension in terms of the provisions contained in Clause 15 of the Assam Public Distribution of Articles Order, 1982 [‘the APDA Order, 1982’]. Apart from seeking a direction to the respondent authorities to forebear from giving effect to the order of suspension dated 13.05.2013, the petitioner has also sought for a direction to the respondent authorities to revoke the PDS Retail Sale License issued to him under the APDA Order, 1982.

3. The factual matrix of the case lies in a narrow campus. The petitioner was granted a Retail Sale License bearing no. APDAO/RL/RNY/93/702 as SK Oil hawker under the APDA Order 1982. The petitioner was served with the order of suspension dated 13.05.2013 by the respondent no. 3 alleging violation of Clause 26 of the APDA Order, 1982 and Condition no. 2[a] and Condition no. 6 of the Retail Sale License granted to the petitioner.

3.1. The order of suspension had mentioned that an enquiry was carried out by an Inspector of Food, Civil Supplies & Consumer Affairs, Rangia in connection with seizure of accounts relating to lifting & distribution of SK Oil along with 100 litres of undistributed SK Oil from the possession of the petitioner and after such enquiry, the said Inspector had submitted a report dated 29.04.2013. The order of suspension had further mentioned that the report dated 29.04.2013 and the connected papers submitted by the Enquiry Officer along with statement of the petitioner were perused by the respondent no. 3. The order of suspension had further mentioned that the report revealed that the petitioner as a hawker used to distribute kerosene oil from his residence at village – Piyalikhata Miratola itself without coming to the village -Barichua, which was the area of operation of the petitioner. The report had further mentioned that the petitioner used to issue SK Oil @ 2 litres per month amongst 55 to 58 nos. of consumers, as alleged by the complainant. In that way, the petitioner distributed about 110 – 160 litres of blue dyed SK Oil while he as a licensee used to receive 200 litres of SK Oil per month. Thus, the petitioner was found misappropriating 84 to 90 litres of SK Oil per month. As per the report, the petitioner did not maintain the sale register by recording the entries of issue dates and issued quantity of SK Oil. It was reported that the petitioner did not possess even a three-wheeler SK Oil hawking cart. In presence of such materials in the enquiry report, the respondent no. 3 by the order of suspension dated 13.05.2013 alleged violation of Clause 26 of the Assam Public Distribution of Articles Order, 1982 and Condition no. 2[a] r/w Condition no. 6 of the Retail Sale License bearing no. APDAO/RL/RNY/93/702 as SK Oil hawker under the APDA Order, 1982.

4. The petitioner has pleaded that there used to be a rivalry in the village between two groups and the petitioner owed allegiance to one of the said two groups. According to the petitioner, the rival group had made a complaint as regards the alleged irregularities in order to malign reputation of the petitioner in the society. According to the petitioner, the allegations leveled in the order of suspension are without any material basis and as such, the order of suspension dated 13.05.2013 is liable to be set aside.

5. The respondent no. 3 has filed an affidavit-in-opposition on 05.10.2013. It has been averred therein that the petitioner did not distribute full quota of SK Oil in the month of March, 2013. In March, 2013, the petitioner lifted 200 litres of SK oil and he had issued