- (1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 20. 01. 2006 (Annexure No. 15 to the Writ Petition) passed by the Assistant Commissioner (Food), Varanasi Division, Varanasi (Respondent No. 2.) in Appeal No. 220 of 2005, and the order dated 06. 06. 2005 (Annexure No. 13 to the Writ Petition), passed by the Sub-Divisional Officer/deputy Collector, Tehsil Mariyahu, District Jaunpur (Respondent No. 3 ).
(2.) IT appears that the petitioner was licensee of the Fair Price Shop in question. A show-cause notice/charge-sheet dated 20th December, 2004 (Annexure No. 1 to the Writ Petition) was issued to the petitioner levelling the following four charges: 1 ). At the time of enquiry by the Supply Inspector on 2nd December, 2004, the Fair Price Shop in question was found closed, and the reason for closure was not indicated on the shop. 2 ). In the month of December 2004, the petitioner had lifted Wheat 3. 25 quintal and Rice 4. 20 quintal of Nabad Yojana and BPL wheat 11. 25 quintal. On account of closure of the shop the stock could not be physically verified. 3 ). BPL card holders contacted at the time of enquiry informed that they had not received food grains for several months. This showed that the petitioner was not distributing the food grains which was indicative of serious irregularity. 4 ). During enquiry, it transpired that the petitioner was not distributing kerosene oil every month, and in-stead, was distributing kerosene oil to the consumers on an interval of a month, which was irregularity.
(3.) IT appears that the petitioner did not submit any explanation in response to the said show-cause notice/charge-sheet. There-upon, the Sub-Divisional Officer, Mariyahu, Jaunpur (Respondent No. 3) by the order dated 14. 02. 2005 directed for forfeiture of the security deposited by the petitioner, and cancelled the license of the petitioner in respect of the Fair Price Shop in question. Copy of the said order dated 14. 02. 2005 has been filed as Annexure No. 4 to the Writ Petition.;