CHANDRA SHEKHAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kamal Nayan Choubey, learned Senior Advocate for the petitioners and Mr. Alok Ranjan, learned Advocate for the State.

(2.) This writ petition was initially filed for setting aside the order dtd. 28/8/2019 passed by the Divisional Commissioner, Magadh Division, Gaya whereby the final selection list of proposed licensees under the PDS scheme for Aurangabad district has been cancelled on the basis of an ex-parte inquiry report submitted by three member inquiry committee constituted by the Divisional Commissioner. As also for setting aside the report of such inquiry committee as well as the direction of the Secretary, Food and Consumer Protection Department, Government of Bihar to initiate a fresh process of selection of PDS dealers in the district of Aurangabad.

(3.) From the conspectus of the pleadings and the documents brought on record, it appears that pursuant to an Advertisement No. 1 of 2017 inviting application for suitable candidates for grant of licence under the Bihar Targeted P.D.S. (Control) Order, 2016, the petitioners and others applied and were provisionally selected. The petitioners no. 1 to 4 were finally kept in Slot No. 1 to 4 whereas the petitioners no. 5 and 6 were selected under the reserved and handicapped categories respectively. Only when the licence was required to be issued by the licensing authority, the Divisional Commissioner, Gaya vide order dtd. 11/3/2019 constituted a committee of three members to look into the grievances of some of the candidates who had not been selected.