Sunita Agarwal, J. - (1.) The present petition is directed against the order dated 16.3.2015 passed by the Sub Divisional Officer, Chandpur, District Bijnor and the order dated 30.8.2016 passed by the Deputy Commissioner, (Food) Moradabad Division, Moradabad. The petitioner is a fair price shop dealer at Village Panchayat, Azampur Block Noorpur, District Bijnor. He is aggrieved by the order of cancellation of his licence.
(2.) Brief facts of the matter relevant to decide the controversy are that on an information received by the District Supply Officer, Bijnor, a joint team of Supply Department inspected the house of one Sri Sumit Chaudhari son of Sri Dhirendra wherefrom they confiscated 65 sacs of wheat of the total weight of 32.50 quintals. The confiscated sacs were identified being of scheduled commodities for distribution through the public distribution system by the Godown In-charge of S.F.C., Noorpur. Surprise inspection was, thereafter, made on the same day of fair price shops of the area concerned. As a result of which, the shop of the petitioner was also inspected on 27.9.2013, itself. The stock of A.P.L wheat was found in short of approximately 8.47 quintals. The stock of rice and sugar was found adequate whereas 17 sacs of wheat of approximately 8.47 quintals were found short. The petitioner was present in the shop at the time of inspection.
(3.) A First Information Report was lodged on 28.9.2013 and by office order dated 30.9.2013, the licence of the petitioner was suspended giving him time to submit his explanation within a period of 15 days. The suspension order appended as 'Annexure 2' of the writ petition categorically records the shortfall found in the stock of the petitioner on the date of inspection i.e. on 27.9.2013. The details of stock found in the surprise inspection has been narrated in the suspension order in a column giving the scheme to which the said stock of foodgrains belonged.;