HARI RAM GUPTA Vs. STATE OF U P AND 5 OTHERS
LAWS(ALL)-2018-12-121
HIGH COURT OF ALLAHABAD
Decided on December 12,2018

HARI RAM GUPTA Appellant
VERSUS
State Of U P And 5 Others Respondents

JUDGEMENT

Mahesh Chandra Tripathi, J. - (1.) Heard Shri Vishal Tandon, learned counsel for the petitioner; Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents and Shri Ram Babu Yadav, learned counsel for the Gaon Sabha.
(2.) The petitioner is assailing the validity of order impugned dated 25.10.2016 passed by the Sub Divisional Officer, Tehsil Shahganj, District Jaunpur, whereby, the agreement to run the fair price shop of the petitioner has been cancelled as well as the order dated 8.9.2017 passed by the Additional Commissioner (Food), Varanasi Division, Varanasi, by which the appeal filed by the petitioner against the order dated 25.10.2016 has been dismissed.
(3.) The petitioner happens to be fair price shop agent of village Makhdoompur, Nyay Panchayat Pataila, District Jaunpur. His agreement was suspended vide order dated 2.6.2016 on the basis of irregularities in distribution of scheduled commodities to the various types of card holders. He was also required to file his reply within a week. Pursuant thereto the petitioner had submitted his reply on 1.8.2016. After considering the same the Sub Divisional Officer directed the Block Development Officer on 26.7.2016 to conduct an enquiry in the open meeting of the Gaon Sabha and submit his report. Thereafter, the Block Development Officer vide order dated 26.8.2016 directed the Area Youth Welfare Officer and Assistant Development Officer (Agriculture) for holding an enquiry in the matter. The aforesaid two officers submitted a joint report on 1.10.2016 in favour of the petitioner. The Block Development Officer forwarded the same to the Sub Divisional Officer on 5.10.2016. The Block Development Officer sent another report to the Sub Divisional Officer on 4.10.2016. Finally, the petitioner's agreement has been cancelled vide order dated 25.10.2016. Aggrieved, petitioner has filed an appeal that too has been dismissed by the impugned order dated 8.9.2017 by the Appellate Authority.;


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