Vikram Nath, J. - (1.) The licence of fair price shop of the petitioner has been cancelled by order dated 2011' July, 2006. Further the appeal filed against same has been dismissed by Commissioner, Chitrakoot Dham, Banda vide order dated 1811' October, 2006. Aggrieved by these two orders, the present writ petition has been filed.
(2.) Heard Sri S.F.A. Naqvi, learned Counsel for the petitioner and learned Standing Counsel. The contention of the learned Counsel for the petitioner is that the order of cancellation was passed without affording due opportunity to him inasmuch as the show cause notice was handed over to the petitioner on 20th July, 2006 as stated in para 8 of the writ petition i.e. on same date on which the order of cancellation was passed. Therefore, he had no opportunity to submit any reply. It is further submitted by the Counsel for the petitioner that he was not furnished any complaint or inquiry proceedings on the basis of which the proceedings were initiated or on the basis of which the impugned order was passed. In appeal the appellate authority has not dealt with this aspect of the matter and has only observed that as the authority had the jurisdiction to cancel the licence, as such the order has been validly passed. The contention of the learned Counsel for the petitioner with regard to supply of necessary documents has not been dealt with by the Commissioner.
(3.) Having considered the submissions, instead of remanding the matter to the Commissioner, I am of the opinion that it would be appropriate to set aside both the orders and remand the matter to District Supply Officer (respondent No. 4), who has passed the order of the cancellation, to pass fresh orders after affording adequate opportunity to the petitioner to submit his reply along with supporting documents within a period of two weeks and final decision will be taken by the said authority within a period of six weeks thereafter after making any further inquiry as may be required. No fresh show cause notice need be issued to the petitioner as the specific allegations against the petitioner are mentioned in the order of the suspension as well as the order of the cancellation of fair price shop of the petitioner. However, the licensing authority may furnish the copies of the inquiry report if any within a week from the date of production of certified copy of this order along with a covering letter allowing two weeks time for submitting the reply. The petitioner may take both the orders i.e. the suspension and cancellation which contain the charges alleged against him as the charge - sheet/show-cause notice and he may submit his reply in respect of the same within two weeks from the date of receipt of the letter of the licensing authority as observed above.;