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2025 Supreme(Online)(Chh) 10843
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Radheshyam Sahu – Appellant
Versus
The State Of Chhattisgarh – Respondent
WPC No. 5327 of 2024
For the Appellants/Petitioners: Shri Yogendra Chaturvedi
For the Respondents: Ms. Upasna Mehta
Suspension of Fair Price Shop without providing opportunity for hearing constitutes a violation of natural justice, necessitating adherence to procedural fairness in administrative actions.
Headnote:(A) Constitution of India - Article 226 - Challenging the legality of the suspension order regarding Fair Price Shop - Petitioners alleged denial of natural justice due to the absence of a hearing before suspension and unavailability of the inquiry report for defense—Violation of principles of natural justice found by the court. (Paras 10, 11, 12)
(B) Control Order - Chhattisgarh Public Distribution System (Control) Order, 2016 - Clause 16 - Necessity of providing a reasonable opportunity of hearing before suspension is mandated by law. (Paras 10, 11)
Facts of the case:
Petitioners, holding office within a society managing a Fair Price Shop, were suspended without a hearing based on alleged irregularities post the receipt of a show cause notice. They contended the lack of procedural fairness affected their right to defense.
Findings of Court:
The suspension was found to violate natural justice as no hearing was afforded and crucial documentation was withheld.
Issues: Did the respondents violate principles of natural justice during the suspension of the Fair Price Shop?
Ratio Decidendi: The suspension order was deemed unlawful owing to the absence of adequate opportunity for defense, highlighting that fair procedures must be adhered to in administrative actions affecting livelihoods.
Result: Writ petition is disposed of with directions for a fresh inquiry ensuring due process.
| Table of Content |
|---|
| 1. challenging the legality of the suspension order regarding fair price shop. (Para 2 , 3 , 4) |
| 2. allegations against petitioners regarding illegal distribution. (Para 5) |
| 3. petitioners claim violation of natural justice. (Para 6 , 7) |
| 4. court finds procedural violations due to lack of hearing. (Para 10 , 11) |
| 5. petition directed for a fresh inquiry in compliance with law. (Para 12 , 13) |
Order on Board
12/09/2025 With the consent of the parties, the matter is heard finally.
2. The present petition has been filed under Article 226 of the Constitution of India by the petitioners challenging the legality of the order dated 04.04.2024 passed by the respondent No.3 suspending the operation of the Fair Price Shop allotted to the petitioner-society and the subsequent appellate order dated 19.09.2024 (Annexure P/1) passed by the respondent No.2 dismissing the appeal.
3. Facts of the case in nutshell is that the petitioners are the President, Vice President and Secretary, respecitvely of “Maa Bhadrakali Khadya Suraksha Poshan Evam Upbhokta Seva Sahkari Samiti Maryadit, Pandarbhattha, Block Bemetra, district Bemetara CG.” The petitiones have been holding the said post for the last three years and are jointly responsible for running the Government Fair Priue Shop situated at village Panchayat Pandarbhattha, Shop ID NO. 432009080. During their tenure the petitioners have been discharging their dutis with utmost dedication, sincerely and honesty without any complaint of malpractice or irregularity.
4. On 14.03.2023, respondent No.3 issued show cause notice to the petitioners alleging certain irregularities and directed them to submit their written reply/clarification within three days from the date of receipt of the said notice. The petitioners, immediately upon receipt, submitted their detailed written reply denying the allegations and clarifying their position with supporting documents. However, despite their detailed written reply, no opportunity of hearing or personal explanation was granted to the petitioners and without due compliance of the principles of natural justice, the suspension order dated 04.04.2023 came to be passed against the petitioners suspending the operation of the aforesaid Fair Price Shop.
5. It has been alleged by the respondents that one Phool Bai, a ration card holder under the “Antyodaya Anna Yojana” died on 23.07.2023, but despite her death the grocery items continued to be received in her name for more than six months by one Keja Bsi who was shown as nominee of the deceased. On this allegation, it has been imputed that the petitioners, being the office bearers responsible for operation of the Fair Price Shop, have permitted illegal distribution of food grains and thereby violated Clause 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016. It is further alleged that such act also attracts penal consequences under Section 3 /7 of the Essential Commodities Act, 1955 .
6. Being aggrieved by the suspension order dated 04.04.2024, the petitioners preferred a statutory appeal before the respondent No.2 - Collector, District Bemetara under Clause 18 of the Control Order 2016, along with an application for interim stay on 1104.2024. during pendency of the said appeal, the petitioners approached this Court (in WPC No. 4050/2024) seeking direction for expeditious disposal of the trial and vide order dated 09.04.2024, this Court had directed the respondent No.2 to hear and decide the appeal on the next date of hearing ie. 09.09.2024. In complaint with the directions of this Court, respondent No.2 considered the appeal and passed the impugned order dated 19.09.2024 (Annexure P/1), whereby the appeal of the petitioners was dismissed sustaining the order of suspension.
7. Contention of counsel for the petitioners is that the impugned orders have been passed without affording any proper and effective opportunity of hearing to the petitioners as mandated under sub-clause (3) of Clause 16 of the Chhat
