- (1.) The facts are glaring and depict a sorry state of affairs in the Food and Civil Supply Department. The petitioner was granted a licence to run a fair price shop. On account of certain irregularities alleged to have been committed by him, the licence was suspended and a show cause notice was issued as to why the licence should not be cancelled. The petitioner gave a reply, and eventually, the licence was cancelled by an order dated 19.3.2009, against which the petitioner preferred an appeal, which was allowed on 18.7.2009 and the matter was remitted again to the prescribed authority to decide the matter afresh. The prescribed authority again cancelled the licence by an order dated 24.8.2009 against which an appeal was preferred, which was also dismissed by an order dated 22.10.2009. The petitioner thereafter filed Writ Petition No.50253 of 2009, which was allowed by a judgment dated 9.3.2010 and the order of the prescribed authority dated 24.8.2009 as well as the appellate order dated 22.10.2009 was quashed. The matter was again remitted to the prescribed authority to pass a fresh order.
(2.) The Writ Court found, that pursuant to the remand by the appellate authority, a show cause notice was issued to the petitioner to which he submitted a reply and, based on this reply, the prescribed authority asked for a fresh inquiry report and, on the basis of that inquiry report, the licence was cancelled. The Court while considering this aspect held- "...it was obligatory and incumbent upon the licencing authority to supply a copy of the said inquiry report, which was submitted subsequent to the reply submitted by the petitioner and thereafter further called for explanation from the petitioner qua the said fresh report..."
(3.) Upon remand pursuant to the order of the Writ Court dated 9.3.2010, the prescribed authority was under an obligation to supply a copy of the inquiry report and issue a show cause notice. The prescribed authority did not do so, instead he ordered a fresh inquiry and a report dated 4.6.2010 was submitted indicating various illegalities and irregularities committed by the petitioner. On the basis of this report, the licence of the petitioner was again cancelled by an order dated 7.6.2010. The petitioner filed an appeal, which was rejected by an order dated 27.10.2010. The petitioner has again filed the present writ petition.;