- (1.) HEARD Shri O.P. Chaube and Shri A.K. Srivastava, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of respondents. This writ petition is directed against the order dated 3.10.2009 passed by the S.D.M. Mauranipur, District Jhansi and the order dated 27.3.2010 passed by the Commissioner Jhansi, Division, Jhansi. Petitioner also challenged the notice dated 16.9.2009 issued by the S.D.M. whereby fair price shop agreement of the petitioner was suspended.
(2.) THE brief facts giving rise to the present petition are that fair price shop was allotted to the petitioner in the year 1995. The case of the petitioner is that he has been running the shop and there has never been any complaint against him through out the said period. For the first time show cause notice dated 11.11.2008 along with some charges was communicated to him to which he submitted his reply/explanation dated 31.12.2008. In his reply submitted on 31.12.2008 he informed the respondent authority that charges mentioned in the notice dated 11.11.2008 are concocted story. The persons whose names are mentioned in the show cause notice and who made complaint against the petitioner for irregularity in distribution of food grains are the persons having grudge against the petitioner and gave challenge earlier to the petitioner that his licence for fair price shop be cancelled. Petitioner has not committed any irregularity. On the date when the inspection was done petitioner was not feeling well so he went to local hospital for his treatment. After the reply was submitted by the petitioner and order dated 16.9.2009 was passed whereby fair price shop licence of the petitioner was suspended and the petitioner was called upon to submit his reply. In the suspension order dated 16.9.2009 it was mentioned that explanation submitted by the petitioner dated 31.12.2008 is not supported by any documentary evidence. Moreover as per report of the Incharge Inspector, weight and measure, Mau, Ranipur dated 6.9.2009, on the day of camp i.e.6.2.2009 when he reached shop was found closed. He met with the father of the petitioner on the spot who provided him distribution/ sale register wherein entries dated 6.2.2009 of 53 cardholders were found. Out of these four cardholders named therein informed that they never went to collect the food grains. No stock verification was done on the said date as the petitioner's father did not show the stock register. The reply to notice dated 16.9.2009 was submitted by the petitioner enclosing affidavits of persons who were mentioned as complainant in the order of suspension. Learned counsel for the petitioner submits that reply submitted by him to the show cause notice dated 11.11.2008 and 16.9.2009 was not properly considered. The proceedings of suspension and cancellation of the fair price were initiated on the complaint of some private person who had grudge with the petitioner . Petitioner is running shop since the year 1995 and there has never been any complaint regarding distribution. The private persons whose name mentioned in the show cause notice dated 11.11.2008 had not submitted any affidavit in support of their claim to substantiate that their complaints are not fictitious. This apart the report of Incharge Inspector , weight and measure was never supplied to the petitioner. The said report was taken into consideration exparte and explanation given by the petitioner in his report was not considered properly.
(3.) HE vehemently submitted that petitioner had informed in his reply that concerned officer did not reach his shop in time on 6.2.2009. The said date was fixed by the District Magistrate for distribution of food grains. For the purpose, information was given by beat of drums in the village. The officers who were deputed to make inspection reached the petitioner's shop after 4 P.M. whereas petitioner was engaged in distribution of food grains from 10 A.M. onwards. The villagers were in hurry and they had to go for their daily work as such petitioner could not have waited for the officers to reach the shop. He distributed the food grains and made proper entries in the distribution register.;