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SAUMITRA DAYAL SINGH
Maniram Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri S.M. Iqbal Hasan, learned counsel for the petitioner and Sri Shubhranshu Shekhar Singh, learned Additional Chief Standing Counsel for the State respondents.
2. Challenge has been raised to the order dated 04.07.2017 passed by respondent no.3/District Supply Officer, Ghaziabad as confirmed by respondent no.2/Additional Commissioner (Food), Meerut dated 25.01.2018. Thus, the fair price shop agreement of the petitioner cancelled by the District Supply Officer, has been confirmed.
3. Submission of learned counsel for the petitioner is, the entire proceedings were vitiated. They were occasioned by the political malafide. In any case, the fact allegations were wrong. No short supply had been made by the petitioner. The alleged statements of the beneficiaries (recorded ex-parte) at the preliminary enquiry stage were rebutted by the petitioner. Full fledged enquiry was not conducted and no adverse evidence emerged (of short supplies made) on the perusal of the records. In absence of full-fledged enquiry, the fair price shop agreement of the petitioner could not have been cancelled.
4. Thus, relying on full-bench decision of this Court in Puran Singh Vs. State of U.P. &
Procedural fairness, full-fledged enquiry, compliance with natural justice principles
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....
A fair price shop license cannot be cancelled without affording a reasonable opportunity to the licensee to defend against the allegations in accordance with the principles of natural justice.
The judgment established that a summary inquiry for the cancellation of a fair price shop license does not require the supply of the inquiry report to the licensee or a detailed hearing, and that the....
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 that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
Authorities must follow the procedure prescribed for conducting disciplinary proceedings against fair price shop dealers, including providing a personal hearing, supplying the dealer with the reports....
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