IDRISH Vs. STATE OF U.P. AND 2 OTHERS

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 13.04.2012 by means of which the licence of the fair price shop of the petitioner was cancelled and the order dated 19.06.2014 by means of which the appeal preferred by the petitioner against the order dated 13.04.2012 has been rejected.

(2.) The petitioner was the holder of a fair price shop licence. On 08.12.2011, on inspection, the fair price shop of the petitioner was found closed by the Revenue Inspector. On the basis of the inspection report dated 09.12.2011, submitted by the Revenue Inspector, the Sub Divisional Magistrate, Padrauna, District Kushi Nagar- the respondent no. 3 on 20.12.2011 passed an order whereby the aforesaid licence/ agreement of the fair price shop of the petitioner was suspended. Subsequently, the respondent no. 3 passed the impugned order dated 13.04.2012 cancelling the licence/ agreement of the fair price shop of the petitioner. The portion of the order dated 13.04.2012 to which the learned counsel for the petitioner has drawn the attention of the Court is extracted below:

(3.) Aggrieved by the order dated 13.04.2012, the petitioner, preferred an appeal before the Commissioner, Gorakhpur, Division-Gorakhpur- the respondent no. 2 inter alia on the ground that neither the suspension order dated 20.12.2011 nor any show cause notice/charge sheet was ever served upon the petitioner and as such the order dated 13.04.2012 was passed in gross violation of the principles of natural justice. On 19.06.2014, the respondent no. 2 passed an order whereby the appeal preferred by the petitioner was rejected. The relevant portion of the order dated 19.06.2014 is extracted below: