BIRENDRA PASWAN Vs. STATE OF BIHAR
LAWS(PAT)-2021-2-41
HIGH COURT OF PATNA
Decided on February 01,2021

Birendra Paswan Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

MADHURESH PRASAD, J. - (1.) Heard learned Counsel for the petitioner as well as learned State Counsel, both of whom are appearing through virtual mode.
(2.) The Public Distribution System Licence (hereinafter referred to as "PDS" licence" for brevity) of the petitioner has been cancelled by the Subdivisional Officer, Sherghati, under order dated 27.1.2015. Action has been taken on the basis of an inspection done of the petitioner's PDS premises by the Block Suopply Officer Gurua (Gaya) on 10.12.2014 based on certain allegations levelled by some persons. The Sub-divisional Officer after going through the inspection report, served a notice dated 18.12.2014 to the petitioner, wherein five irregularities were alleged; (i) that the supply between the card holders was not regular. (ii) the petitioner was not opening his dealership as per the direction issued by the Government and (iii) that he was opening the dealership as per his own whims. (iv) The petitioner is also alleged to be misbehaving with the beneficiaries. (v) The last allegation is that after distribution of the essential commodities for a particular month the petitioner used to make a false entry that he has made supply for two months.
(3.) The petitioner submitted a detailed reply to this notice. The same is Annexure 4 of the writ petition. The petitioner has denied all the allegations. He has asserted that other than some oral complaints made by some individuals there is no documentary evidence in support of the allegations. Even the inspection report, which has been considered by the Sub-divisional Officer, does not take into consideration any documentary evidence to support the allegations. In respect of some individuals, who has supported the allegations against the petitioner, he has stated that they are members of an extremist outfit and have been making illegitimate demands from him since before. Three complaints in this regard dated 17.11.2014, 8.12.2014 and 22.12.2014 have earlier been submitted by the petitioner, reference of which is to be found in the petitioner's reply.;


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