Arun Tandon, J. - (1.) Petitioner is fair price shop agent of the shop of the village Kethwaliya Rehra, Tehsil Dumariyaganj, District Siddhartha Nagar. Petitioner was served with a show cause notice dated 18.9.2007 wherein it was alleged that the petitioner had deliberately not supplied the relevant stock/ distribution register as was asked for under the letter dated 13.9.2007. The petitioner was served with a charge memo dated 5.11.2007 calling upon the petitioner to submit his reply to various charges noticed. Petitioner is stated to have submitted his reply along with self attested copy of the stock register/distribution register on 14.11.2007 and also filed affidavits of eight persons who had stated that they were fully satisfied with the distribution of essential commodities by the writ petitioner.
(2.) The Sub-Divisional Magistrate not being satisfied with explanation so furnished proceeded to terminate the agency of the writ petitioner after Rs. that some other persons had also made complaint against the writ petitioner qua black marketing as well as charges of higher price than the prescribed to which there is no explanation.
(3.) Not being satisfied with the order so passed petitioner preferred an appeal under Clause 28 (3) of the Government Order applicable, being Appeal No. 87 of 2008. In the memo of appeal petitioner had specifically stated that absolutely no enquiry has been held and the findings qua charging of excess rates and supply of lesser quantity of essential commodities then prescribed, was not established. The petitioner referred to his sale register as well as the affidavits filed in respect of his explanation for establishing that the charges as levelled against the petitioner were incorrect. Reference in that regard has also been made to the letter of one of the local MLA dated 10.9.2007. The appeal filed by the petitioner has been dismissed by the order of the Commissioner dated 23.5.2008 only after Rs. that the explanation was called from the writ petitioner, the explanation has been considered by the Sub-Divisional Magistrate and he has- found the charges proved. Such orders of the Sub-Divisional Magistrate do not warrant any interference.;