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CHANDRA KUMAR RAI
Sita Ram – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Chandra Kumar Rai, J.)
Heard Sri Indu Shekhar Tripathi learned counsel for the petitioner, Sri Abhay Kumar Pandey, learned counsel holding brief of Sri S.N. Yadav learned counsel for respondent No. 5 and Sri Krishna Mohan Mishra, learned Additional Chief Standing Counsel for the state.
2. Brief facts of the case are that petitioner was granted licence for fair-price-shop on 23.2.2018 for gram panchayat-Kurhi Kheriya, Block-Khairgarh, Tehsil - Shikohabad, District-Firozabad. On 23.11.2022, District Supply Officer inspected the fair-price-shop of the petitioner in the absence of the petitioner. At the time of inspection, petitioner's wife and petitioner's daughter were present. On the basis of the inspection dated 23.11.2022, District Supply Officer, Firozabad lodged a First Information Report dated 2.12.2012 against the petitioner under Section 3/7 of The Essential Commodities Act, 1955, accordingly, suspended the fair-price-shop license of the petitioner vide order dated 3.12.2022 and attached the petitioner's shop with adjacent fair-price-shop holder of Sri Kusum Pal. Petitioner submitted his reply/explanation dated 23.1.2023 before District Supply Officer, stating that
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
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 ....
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 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....
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.
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
The cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
Appointing authority may, at any time in public interest or suo-moto or on receipt of complaint, after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, suspen....
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