Pankaj Naqvi, J. - (1.) HEARD Learned Counsel for the parties.
(2.) THE petitioner is a Fair Price dealer, who has filed the present writ petition challenging the order dated 27.11.2009 passed by the Up Zila Adhikari, Chandausi, Moradabad and the order dated 25.08.2010 passed by the Appellate Authority dismissing the appeal. Facts giving rise to the present writ petition are that vide order dated 22.09.2009 licence of the petitioner was sought to be suspended on the ground that he was involved in commission of a criminal offence, i.e. murder and was also arrested. Subsequently, by order dated 27.11.2009, his licence has been cancelled. The order of cancellation states that the charges were sought to be served vide charge memo dated 22.10.2009 while the petitioner was in detention through the Jail Superintendent, Moradabad and as he did not submit any reply to the said charge memo, hence his licence was cancelled. Petitioner preferred an appeal before the Appellate Authority and contended that the aforesaid charge memo dated 22.10.2009 had not been served upon him and as a result thereof he could not submit his defence and, therefore, the principles of natural justice have been violated and accordingly, the impugned orders cancelling the licence of the petitioners are liable to be set aside.
(3.) THE Appellate Authority while passing order dated 25.08.2010 has not discussed the said issue as to whether charges were served upon the petitioner or not. and has only proceeded to pass the impugned order on the basis of certain complaints made by the card holders as regards Mal distribution of the food grains and kerosene.;