Procedural fairness, full-fledged enquiry, compliance with natural justice principles

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. & Ors., 2010 (3) ADJ 659 and as applied in Smt. Santara Devi Vs. State of U.P. & Ors., 2016 (2) ADJ 70, it has been submitted, the entire proceedings were vitiated. The petitioner has suffered for almost five years, since his fair price shop agreement was first suspended on 25.04.2017.

5. On the other hand, learned Additional Chief Standing Counsel has vehemently urged, there was no political interference. The concerned Minister had received written complaints on which he required action to be taken. In the inspection conducted on 09.04.2017, at around 3:30 pm, various discrepancies were unearthed including as to distribution of essential commodities in the name of a dead person namely, Raj Kishore who died in the year 2015. Further, numerous (102) 'Patra Grihasthi' card holders and (15) 'Antodaya' card holders were examined.

6. Relying on the statements of (15) 'Antodaya' card holders who alleged short supply of kerosene oil and food-grains and further relying on the statement of (61) 'Patra Grihasthi' card holders, it was alleged, the petitioner had either made short supplies or made no supplies of kerosene oil and food-grains. Based on those facts, a show cause notice was issued to the petitioner and his reply called.

7. Though the petitioner denied the fact allegations, he did not to lead any evidence to falsify the facts found in the preliminary enquiry. Accordingly, the fair price shop agreement of the petitioner was cancelled by order dated 04.07.2017, after discussing the explanation furnished by the petitioner. Each allegation (11 in all) was examined and separate conclusions recorded. The petitioner was exonerated on some of the charges that were found not proven. However, with respect to charge of short supply of kerosene oil and food-grains to 'Antodaya' card holders, the fact allegations were largely found true. In any case, the petitioner did not make stock re-conciliation. Therefore, there is no material to disturb the finding recorded by the Licensing Authority. The Appeal Authority has rightly confirmed the order of cancellation of fair price shop agreement of the petitioner.

8. Having heard learned counsel for the parties and having perused the record, while no conclusions of fact are to be recorded in exercise of judicial review, it has to be ascertained, if proper procedure was followed in reaching the conclusions as have been reached by the Original Authority and as have been confirmed by the Appeal Authority.

9. As to the procedure, there can be no doubt, the full bench decision of this Court in Puran Singh (supra) as applied in Smt. Santara Devi (supra) would mandate -up to the stage of suspension order being passed, the proceedings may remain ex-parte. The preliminary enquiry may be conducted wholly ex-parte against the fair price sh