SUNEET KUMAR, J. - (1.) THE petitioner is a licensee of fair price shop in Village Panchayat Barna Khurd Block Kamalganj, Tehsil Sadar District Farrukhabad. Several complaints were made against the petitioner in the functioning of the fair price shop, accordingly, a show cause notice was issued by the fourth respondent, the District Supply Officer, Farrukhabad. On enquiry conducted by the fourth respondent, the Supply Inspector, the petitioner's license was suspended by the fourth respondent, the District Supply Officer on 12 October 2004, on the allegations that supply of grains were not properly distributed to the villagers, kerosene oil was supplied at higher rate, supply of kerosene oil and grains were not made for several months, accordingly, certain complaints were made by the villagers which was found to be correct. On 12 October 2004, the fourth respondent, the District Supply Officer cancelled the agreement and terminated the license. Aggrieved, the petitioner preferred an appeal before the Commissioner, Kanpur Division, Kanpur being Appeal No.262 of 2004 which was rejected on 8 November 2004. Aggrieved, the petitioner has come up in writ jurisdiction assailing the order dated 8 November 2004 passed by Assistant Commissioner (Food), Kanpur Division, Kanpur.
(2.) ONLY submission advanced by learned counsel for the petitioner is that in view of Clause -11 of the Government Order dated 3 July 1990, the third respondent, Assistant Commissioner (Food), Kanpur Division, Kanpur does not have jurisdiction to decide the appeal against an order of cancellation of fair price shop passed by the District Supply Officer.
(3.) I have perused Clause -11 of the Government Order dated 3 July 1990 which provides that against an order passed the District Magistrate regarding appointment/suspension/renewal/cancellation, appeal shall lie to the Commissioner and no second appeal shall lie against the appellate order. In exercise of powers conferred under Section 3 of the Essential Commodities Act, 1955 (Act No.10 of 1955) read with the order of the Government of India, Ministry of Consumer Affairs dated 31 August 2001 Governor was pleased to make the Uttar Pradesh Scheduled Commodities Distribution Order, 2004. The appeal is provided under sub -clause (1) of Order 28 as substituted on 2 July 2010. Sub -clause (1) of Order 28 reads as follows: " 28. Appeal. - -1 [(1) All appeals shall lie before the concerned Divisional Commissioner who shall hear and dispose of the same or may by order delegate his/her powers to the Deputy Commissioner, food, or Additional Commissioner for hearing and disposing of the appeal". (2) Any person aggrieved by an order of the Food Officer or the designated authority refusing the issue or renewal of a ration card or cancellation of the ration card may appeal to the Appellate Authority within thirty days from the date of receipt of the order. (3) Any agent aggrieved by an order of the competent authority suspending or cancelling agreement of the fair price shop may appeal to the Appellate Authority within thirty days from the date of receipt of the order. (4) No such appeal shall be disposed of unless the aggrieved person or agent has been given a reasonable opportunity of being heard. (5) Pending the disposal of an appeal the Appellate Authority may direct that the order under appeal shall not take effect until the appeal is disposed of." A bare perusal of the order 28, it is evident that the Divisional Commissioner can dispose of the appeal himself or may by order delegate his/her powers to the Deputy Commissioner or Additional Commissioner for hearing and disposing of the appeal.;