Ran Vijai Singh, J. - (1.) Heard Sri Arivind Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri R.K. Yadav, holding brief of Sri Arun Kumar Srivastava, learned counsel for the Gaon Sabha.
(2.) This writ petition has been filed for issuing a writ of certiorari quashing the order dated 18.10.2016 passed by the Sub Divisional Officer, Gunnaur, Sambhal, by which the petitioner's agreement to run fair price shop has been suspended.
(3.) Learned counsel for the petitioner contends that the Sub Divisional Officer has erred in suspending the agreement of the petitioner for the following reasons: (a) Because he has suspended the agreement to run fair price shop taking note of the provisions contained under U.P. Scheduled Commodities Control and Distribution Order, 2004 (in short, 'the Order of 2004); whereas, the Order of 2004 has been repealed on 10.8.2016 and new control order, namely, U.P. Essential Commodities (Regulation of Sale & Distribution Control) Order, 2016 (in short, 'the Order of 2016') has come into force, therefore, the suspension order could not be passed, taking note of the provisions contained under Order of 2004, in October, 2016. (b) Because once the suspension order was passed after service of the charge sheet considering the petitioner's reply, in that eventuality, if the decision was taken for holding regular inquiry, a fresh charge sheet ought to have been served upon the petitioner in stead of granting three days time to file further reply.;