Compliance with prescribed procedures for conducting inquiries and passing orders for suspension or cancellation of fair price shop licenses is essential for the validity of such orders.

K.M. Joseph, J.

1. This is an appeal filed on the basis of leave granted by this Court. The writ petitioner filed the writ petition challenging the order passed by which the licence of the writ petitioner for running a fair price shop was suspended. The learned single Judge held as follows:

"2. Brief facts of the case, as narrated in the writ petition, are that the petitioner is running a fair price shop at village Ransura Block Bahadrabad Tehsil & District Haridwar. He distributed the essential commodities to the concerned villagers as per norms prescribed. Petitioner was surprised to receive the order dated 25.11.2016 by the District Supply Officer, Haridwar by which license of petitioner's shop was suspended on ground of alleged inquiry conducted by Tehsildar, Haridwar. It is submitted that before passing of impugned order dated 25.11.2016, the respondent without providing an opportunity to participate in the alleged inquiry, suspended the fair price shop licence of the petitioner. It is submitted that there is no record or evidence that petitioner has not made proper entries in the Ration Card and misbehaved with the card holders. It is submitted that as per clauses 9 and 12 of the Government Order dated 15.10.2005, it is specifically prescribed for the shops situated in any Gram Sabha area that the complaint for alleged irregularity and illegality committed by the license holder of the fair price shop, shall be referred to the administrative committee of the Gram Panchayat. Alleged inspection done by the administrative committee of the Gram Panchayat or material collected by the administrative committee of the Gram Sabha shall be placed before the general house of Gram Sabha wherein appropriate decision shall be taken by the Gram Panchayat as per majority. Decision so taken by the Gram Panchayat shall be placed before the Deputy Collector by the Village Development Officer whereupon Deputy Collector after inquiry may pass appropriate order for suspension or cancellation of the license to run fair price shop. It is submitted that the order impugned is illegal as such the respondent failed to appreciate the fact that petitioner has misused or committed any irregularity.

4. Learned Standing Counsel fairly submitted that in this matter, inquiry was conducted by the Naib Tehsildar and as per the Government Order, the inquiry should have been conducted by the District Supply Officer or Sub Divisional Magistrate. He fairly submitted that this case is squarely covered by the judgment passed by this Court on 10.04.2012 in Writ Petition No. 602 of 2012 (M/S)

5. Considering the fact that before passing the order impugned the provisions of the Government Order dated 15.10.2005 have not been followed and also considering the submission of the counsel for the parties that present case is squarely covered by the judgment passed on 10.04.2012 in Writ Petition No. 602 of 2012 (M/S.), I allow the writ petition, set aside the order dated 25.11.2016. However, liberty is given to the District Supply Officer to pass fresh order after conducting inquiry either by himself or by the Sub Divisional Magistrate concerned as provided in the Government Order."

We heard Mr. Jitendra Chaudhary, learned counsel for the appellant; Mr. Nagesh Agarwal, learned counsel on behalf of the writ petitioner; and Mr. Paresh Tripathi, learned Chief Standing Counsel for the State.

2. Learned counsel for the appellant would draw our attention to the judgment of the Apex Court passed in Civil Appeal No. 9028 of 2014. The same reads as follows:

"Leave granted.

The appellants have challenged the order dated 20.3.2014 passed by the High Court of Uttarakhand in Civil Writ Petition No. 468 of 2013.

Licence of respondent No. 1's fair price shop was cancelled on account of certain irregularities by Order dated 10.1.2013 passed by the District Supply Officer, Haridwar. He challenged the said cancellation order by filing a Writ Petition in the High Court of Uttarakhand.

The appel