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MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Nagendra Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Rafiq, C.J. -- 1. This matter has come up before the Division Bench upon a reference made by the learned Single Judge vide order dated 19.7.2021, who, thereby expressing disagreement with earlier Single Bench judgment of this Court in Writ Petition No.13958/2016 (Suresh Patel v. State of Madhya Pradesh and another) dated 31.3.2017, has referred the following question to be answered by the Division Bench:-
“Whether action for prosecution is mandatory if deviation is more than 10% of monthly quota and only discretionary if deviation is less than 10% of monthly quota or there shall not be any prosecution if deviation is less than 10% of monthly quota?”
2. Shorn of unnecessary details, the brief facts of the case are that petitioner No.1 Nagendra Singh is a salesman of Fair Price Shop, Chhathi Bamhori and petitioner No.2 Dharmendra Singh alias Gattu Singh is an agriculturist and ex-member of Janpad Panchayat, Lavkushnagar, Ward No.22, District Chhatarpur, who was at the relevant point of time holding the post of Chairman of Block Jal Samwardhan Samiti, Lavkushnagar, the Fair Price Shop Licensee. According to the petitioners, a false complaint was made by political rivals of petit
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....
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
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.
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
The disciplinary authority must conduct a fair enquiry and consider the dealer's explanation before suspending authorization, in compliance with the relevant provisions of the Control Order, 2018.
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