- (1.) Heard learned counsel for the petitioner and learned standing counsel for respondents.
(2.) Learned standing counsel has supplied duplicate copy of the counter affidavit as the original is not on record. Learned counsel for the petitioner has filed rejoinder affidavit.
(3.) Petitioner's agreement/ licence/ dealership to run fair price shop was cancelled by Deputy Collector, Shahabad, Rampur on 26.11.2005, copy of which is Annexure-5 to the writ petition. Against the said order, petitioner filed appeal being Appeal No.55 of 2005-06. Commissioner, Moradabad Division, Moradabad dismissed the appeal on 17.08.2006 hence this writ petition. Show cause notice dated 07.07.2005 is Annexure-3 to the writ petition. Reply to the show cause notice dated 14.07.2005 is Annexure-4 to the writ petition. In the impugned order it is mentioned that no reply was filed. However in para-6 of the writ petition it has been stated that reply had been filed. Accordingly, in my opinion, the matter requires to be reconsidered by the Deputy Collector after taking into consideration the explanation, which is Annexure-4 to the writ petition. Copy of the reply shall again be filed by the petitioner along with certified copy of this judgment and stock register etc. called for through show cause notice shall also be filed. Thereafter, Deputy Collector shall pass fresh order. Deputy Collector shall pass the order on the basis of evidence in the form of affidavits etc. available on the file and not on the basis of report of Naib Tehsildar dated 03.05.2005. Learned counsel for the petitioner submits that Supply Inspector had submitted a report on 04.04.2005, which was in favour of the petitioner. However, Deputy Collector cannot outsource or delegate the decision of a case. Inquiry is relevant for physical verification, however finding regarding irregularities in distribution are bound to be recorded by the deputy Collector while deciding the case on the basis of evidence in the form of affidavit etc. Such inquiry reports which mention that some card-holders stated before the inquiry officer/ team that commodities were not being distributed to them properly or on higher rates are not admissible. Such statement must be made by the card-holders before the Deputy Collector. Accordingly, both the impugned orders are set aside. Matter is remanded to the Deputy Collector, who shall decide the same very expeditiously. Until decision of the Deputy Collector, the suspension of the petitioner's licence shall remain in operation. Writ Petition is allowed in part.;