SHISHIR KUMAR,J. - (1.) REJOINDER affidavit filed today be kept on record. Heard learned counsel for petitioner and learned Standing Counsel. As counter and rejoinder affidavits have already been exchanged, therefore, with the consent of parties, the matter is being disposed of finally.
(2.) PETITIONER who is a fair price shop holder, a show cause notice was given to petitioner for levelling certain charges against him on the basis of complaint by card holders. On the basis of said complaint, Sub-Divisional Magistrate, who is enquiry officer has directed petitioner to submit relevant documents within a period of three days. After receipt of reply by petitioner, an order has been passed by competent authority on 24.3.2008 regarding a finding that charges levelled against petitioner has been proved and petitioner is not distributing essential food-grains as well as kerosene oil to various persons. The licensing authority while considering the case has discussed in detail the contentions and facts regarding non-distribution of articles to card holders. Finally, a finding has been recorded that from the background and from various statements of villagers it has clearly been proved that petitioner is not distributing the goods properly and without distributing the said goods, he is selling out the same in open market, which is in clear violation of the terms and conditions of the license. Aggrieved by the order passed by licensing authority, an appeal was filed before Appellate Authority. The appeal too has been dismissed vide its order dated 19.11.2008 holding therein that in 2006 and 2007 also complaints were made against petitioner and enquiry was done and security amount deposited by petitioner was forfeited in lieu of penalty imposed upon petitioner. Further a fact has also been brought to the notice of Appellate Authority that petitioner was involved in a criminal case under section 302 of the Indian Penal Code and he has been convicted for life imprisonment, though the appeal has been filed before High Court but conviction and sentence have not been stayed. Hence, the present writ petition.
(3.) LEARNED counsel for petitioner submits that the Committee headed by Gram Pradhan has given a report in favour of petitioner that there is no discrepancy in distribution of essential goods to card holders. It is due to political enmity, show cause notice for cancellation of license has been given. Further submission has been made that on pressure of local leaders, action has been taken against petitioner. Petitioner submits that in view of the fact that the appeal against conviction is pending, therefore, that cannot be taken into consideration either by the licensing authority or by the Appellate Authority. All the relevant documents were submitted but in spite of the aforesaid fact, license of petitioner was cancelled.;