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SAUMITRA DAYAL SINGH
Shahid Husain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Jai Singh Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Present writ petition has been filed against the order dated 16.03.2018 passed by the Licensing Authority whereby the fair price shop agreement in favour of the petitioner has been cancelled. Further, challenge has been raised to the order dated 23.09.2019 passed by the Appeal Authority who has confirmed the order dated 16.03.2018.
3. Submissions advanced by learned counsel for the petitioner are that cancellation order has been passed, amongst others on grounds that had not even been mentioned in the charge sheet. To that extent, the cancellation order is passed on extraneous consideration. Second, it has been submitted, the entire proceedings have arisen on unverified facts. The complaint was not supported by personal affidavit of any of the complainants. Amongst others, it included names of dead persons such as Salim S/o Sirajuddin, Jagat Pal S/o Lal Sahai, Vimla Devi W/o Mahipal, Champa Devi W/o Ram Lal and Prem Kali W/o Chandra Pal. The preliminary enquiry was conduced behind the back of the petitioner.
4. In any case, upon receipt of charge sheet,
The main legal point established is that administrative decisions, especially those leading to punitive actions, must be based on a full and proper enquiry, and charges not confronted with the accuse....
Procedural fairness, full-fledged enquiry, compliance with natural justice principles
Quasi-judicial authorities must provide adequate reasons for rejecting replies or explanations and conduct proper enquiries and stock verifications before taking drastic actions.
Cancellation of fair price shop agreement should be based on evidence and material on record, not on presumptions and conjectures.
Point of Law : Proceedings for cancellation on a charge of short distribution or short measurement is a stigmatic order that visits a fair price shop dealer with adverse civil consequences. It impact....
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The main legal point established in the judgment is the requirement for proper enquiry and opportunity of personal hearing as mandated by the Control Order, 2018, and the violation of principles of n....
The main legal point established in the judgment is the requirement for a full and proper inquiry before the cancellation of a license, adherence to rules of natural justice, and the importance of gi....
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