Point of law: Suspension and cancellation order - Powers of District Supply Officer to pass suspension and cancellation order in given entire district are unfettered and he is not required to take prior approval of District Magistrate as is in case of Sub Divisional Officer, whose jurisdiction is limited to shops situated in rural area in his Tehsil only.

JUDGMENT :

1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.

2. Present petition has been filed challenging the impugned order dated 28.2.2020 passed by the respondent no. 2-District Supply Officer, Etawah whereby fair price shop of the petitioner has been cancelled.

3. The Stamp Reporter has reported laches of 208 days in challenging the impugned order.

4. It was submitted by learned counsel for the petitioner is that the petitioner had earlier approached this Court by filing a writ petition being Writ-C No. 17151 of 2020 (Mamta Devi vs. State of UP and another), which was dismissed with liberty to file fresh petition vide order dated 7.12.2020. By drawing attention to the Government Orders dated 13.4.2017 and 6.9.2018, it was submitted that the District Supply Officer is required to obtain approval from the District Magistrate before passing the impugned order. It was submitted that the order of suspension and cancellation can be passed by him only after obtaining permission from the District Magistrate. By drawing attention to Government Order dated 6.9.2018, it was submitted that in paragraph 3 (i) it has been provided that the Sub Divisional Officer can inspect the shop but for suspension/cancellation of the fair price shop he is required to submit his report to the District Magistrate and the District Magistrate may obtain opinion from the District Supply Officer. Submission, therefore, is that the order passed by the District Supply Officer without taking permission from the District Magistrate is without jurisdiction. Attention was also drawn to paragraphs 7 and 17 of the judgement of this Court passed in Writ-C No. 56555 of 2017 (Surendra Yadav vs. State of UP and 2 others) decided on 1.10.2018 wherein in paragraph 7, the Government Order dated 13.4.2017 has been considered and it was noticed that it could not be pointed out by the learned Standing Counsel that before passing the order of suspension the District Supply Officer had obtained written permission from the District Magistrate and therefore, it was held that suspension order cannot be sustained.

5. Per contra, placing reliance on paragraph 2(1) of Government Order dated 5.8.2019 it was submitted by the learned Standing Counsel that the District Supply Officer has overall jurisdiction both urban and rural and can pass orders including suspension and cancellation. He submits that powers of Sub Divisional Officer were separately defined and therefore, the District Supply Officer has the jurisdiction over the entire district and for passing such orders he is not required to take any permission from the District Magistrate and it is only the Sub Divisional Officer, who has jurisdiction in rural area that too in his Tehsil, is required to take written approval from the District Magistrate.

6. I have considered the rival submissions and perused the record.

7. For ready reference, paragraph 2(i) of the Government Order dated 5.8.2019 is quoted as under:

^^2- mfpr nj nqdkuksa ds fo:) dk;Zokgh%&

¼1½ ftyk iwfrZ vf/kdkjh dks lEiw.kZ ftys ds ¼ftlesa uxjh; ,oa xzkeh.k nksuksa {ks= lfEefyr gksaxs½ yf{kr tu forj.k Á.kkyh ds lHkh nqdkuksa ds fujh{k.k rFkk muds fo:) n.MkRed dk;Zokgh ¼fuyEcu@fujLrhdj.k vkfn½ djus dk vf/kdkj gksxkA xzkeh.k {ks= esa mi&ftykf/kdkjh vius rglhy vUrxZr lHkh nqdkuksa dk fujh{k.k rks dj ldsaxs] fdUrq foØsrkvksa ds fo:) n.MkRed ¼fuyEcu@fujLrhdj.k ,oa cgkyh½ dk;Zokgh gsrq viuh vk[;k ftykf/kdkjh dks Ásf"kr djsaxsA ftykf/kdkjh }kjk vko';drkuqlkj lEcfU/kr Ádj.k esa ftyk iwfRkZ vf/kdkjh ls foHkkxh; vfHker ÁkIr fd;k tk;sxkA ftykf/kdkjh dk fyf[kr vkns'k ÁkIr gksus ds mijkUr mi&ftykf/kdkjh }kjk foØsrkvksa ds fo:) n.MkRed ¼fuyEcu@fujLrhdj.k ,oa cgkyh½ dh dk;Zokgh djrs gq,] Á'uxr nqdku dh fLFkfr ds lEcU/k esa vkWuykbu Áfof"V vafdr dh tk;sxhA mi&ftykf/kdkjh }kjk Ádj.k esa d`r dk;Zokgh dh ,d Áfr ftyk iwfrZ dk;kZy; dks vfuok;Z rkSj ij miyC/k djk;h tk;sxh] rkfd mfpr nj foØsrkvksa ds dk