- (1.) Heard learned counsel for the petitioner and learned standing counsel for the respondents. Petitioner is a co-operative Society. It was granted licence/agreement/dealer ship to run fair price shop. On 10.5.2003 house No. K-4/4081 Shastri Nagar, Meerut was raided by Police/Administrative authorities where it was found that by mixing kerosene oil of blue colour and Mobil oil with diesel spurious diesel was being manufactured. The four persons who were present and caught at the spot told that Anil Kumar Garg was owner of the firm who was running the business of preparing spurious diesel. This Anil Kumar Garg was sales man of the petitioner Society. Accordingly, notice was given to the petitioner society and after hearing and holding detailed inquiry the licence of the petitioner society to run, fair price shop was cancelled by D.S.O., Meerut on 28.6.2003, copy of which is Annexure-4 to the writ petition. Against the said order petitioner filed appeal No. 23 of 2004 which was dismissed on 22.9.2006 hence this writ petition.
(2.) In the impugned orders the address of the petitioner society is mentioned as 1/8- K Shastri Nagar Meerut. However, in the description of the petitioner in the writ petition the address of 507/610 Prahlad Vatika, Budhana Gate Meerut has been mentioned.
(3.) The main argument of learned counsel for the petitioner was that Anil Kumar was salesman of petitioner society hence petitioner society could not be held liable for the misdeeds of its salesman. The show cause notice was issued to the petitioner as well as to Anil Kumar salesman on 5.6.2003. Explanation was filed by the petitioner on 23.6.2003. The petitioner also contended that on 10.5.2003 itself the petitioner society had suspended its salesman Anil Kumar. It is mentioned in the impugned order by the D.S.O. that Regional Food Officer through order dated 21.5.2003 directed the petitioner society to submit sale documents (Registers) of last six months by 24.5.2003. However, the documents were not supplied. Consequently, on 27.5.2003 Regional Inspector alongwith his colleagues contacted the card holders. Thereafter, complete details of the statements given by different card holders who are 13 in numbers is mentioned in the impugned order alongwith ration card numbers. Several card holders stated that since 2001/02 kerosene oil had not been distributed to them. Only few card holders stated that in 2003 kerosene oil had been supplied to them.;