Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. B. J. Ghosh, the learned counsel appearing on behalf of the Petitioners and Mr. S. R. Baruah, the learned Government Advocate appearing on behalf of all the Respondents.

2. Both the Petitioners have assailed the order dated 06.11.2023 in the instant writ petition.

3. The materials on record show that the Superintendent, FCS & CA, Lakhipur, Cachar had submitted a report to the Superintendent, Food Civil Supplies and CA, Lakhipur wherein it was alleged that the Petitioner No.1 had committed the following violations:

(a) Lifted NFSA rice for the month of June, 2023 on 04.05.2023 but did not distribute the entire quantity till 08.06.2023 after a gap of more than 30 days;

(b) More than 7 Quintals of rice found shortage in available stock compared with the sale Register;

(c) The Petitioner No.1 did not display stock and price board of the F.P. Shop;

(d) The Petitioner No.1 did not maintain stock register of allotted articles;

(e) The Petitioner No.1 did not hang the beneficiary list in the Fair Price Shop;

(f) Monthly Performances Report not submitted by the Petitioner No.1; and

(g) The available stock of rice did not tally with the sale register.

4. In view of the said allegations contained in the report, it was prima facie found that the Petitioner No.1 contravened Clauses 10, 14, 18, 20 and 21 of the Order of 1982 and, accordingly, the Superintendent, Food Civil Supplies and Consumer Affairs, Lakhipur i.e. the Respondent No. 5 had suspended the license of the Petitioner No. 1 vide an order dated 15.06.2023 and further issued Show Cause Notice upon the Petitioner No. 1, as to why, the license should not be cancelled.

5. The record further reveals that in respect to the Petitioner No.2, the report so submitted alleged that the Petitioner No.2 had committed the various infractions which are:

(a) Received allotted quantity of rice for the month of June, 2023 on 05.06.2023 and did not distribute to the consumers till 08.06.2023, whereas other dealers lifted rice in the first week of May, 2023;

(b) The Petitioner No.2 did not hang the beneficiary list in the FP Shop; and

(c) The Monthly Performances Report was not submitted by the Petitioner No.2.

6. It was therefore prima facie opined that the Petitioner No. 2 contravened Clauses 10, 14, 20 and 21 of the Order of 1982 as well as also violated Clauses 4, 5 and 8(1) of the Terms and Conditions of the Dealing License issued under the Order of 1982. It was under such circumstances, the Petitioner No.2 was also suspended vide an order dated 15.06.2023 and Petitioner No.2 was also issued Show Cause Notice, as to why, the license should not be cancelled.

7. The record reveals that the Petitioners thereupon submitted their respective replies and sought for withdrawal of the suspension. It is also seen from the records that both the Petitioners filed a writ petition being WP(C) No.6410/2023 challenging the continued suspension of the licenses of the Petitioners. The said writ petition was however withdrawn taking into account that the Respondent No.4 had issued the impugned order dated 06.11.2023. It is under such circumstances, the present writ petition has been filed assailing the order dated 06.11.2023.

8. Mr. B. J. Ghosh, the learned counsel appearing on behalf of the Petitioners submitted that the principles of natural justice are facets under Articles 14 and 21 of the Constitution. The principles of natural justice not only includes issuance of notice, but also mandates that when an Authority takes any action resulting in civil consequences, there is a requirement of passing orders containing reasons. It has also