Siddhartha Varma, J. - (1.) After the petitioner's shop was suspended on 24.1.2009, a show cause notice was issued to him on 16.3.2009. Essentially the charges were that the petitioner had not being supplying essential commodities to certain card holders properly. It has been alleged that an inspection was done on 20.1.2009 and thereafter on 22.1.2009 a first information report was lodged and thereafter the petitioner's shop was suspended on 24.1.2009. To the show cause notice, the petitioner replied on 8.5.2009. Thereafter, a certain enquiry was conducted in which the affidavits as were submitted by the petitioners were found to have been sworn by the deponents under some pressure of the petitioner and, therefore, the reply of the petitioner was not found satisfactory on 8.2.2010 by the Supply Inspector. He was again given a show cause notice on 8.9.2010 and thereafter on 10.10.2010 the petitioner's shop was cancelled. The petitioner appealed and the Appellate Authority also dismissed the appeal on 29.9.2011. Aggrieved thereof the petitioner has filed the instant writ petition.
(2.) The counsel for the petitioner has submitted that the card holders who had given their affidavits and who have been alleged to have said that they had given the affidavits under some pressure were never allowed to be cross examined by the petitioner.
(3.) The petitioner further submitted that the second show cause notice which was sent to him on 8.9.2010 never reached him. This is what he has also said in paragraph-12 of the writ petition and also in ground no.9 of the memo of appeal. The further case of the petitioner is that even if he had not replied to the show cause notice then this could not have been a ground for the cancellation of his licence. The enquiry officer had to be convinced on the basis of the evidence as was led by the complainant or the inspecting officer and only if he was satisfied with the evidence as was placed before him he could have cancelled the licence. Further more, it has been stated that the order dated 10.10.2010 also found that the petitioner was not a resident of Gram Panchayat-Udhan. He submits that this was neither a charge nor any enquiry in this regard was made.;