Siddhartha Varma, J. - (1.) The petitioner was appointed as a salesman by the District Cooperative Development Federation Limited, Jhansi, on 15.09.2009 to run a fair price shop named as Itwariganj fair price shop. When on 14.03.2016 certain complaints were made, action was taken on 28.03.2016 and the society?s license to run the fair price shop was suspended and the shop was attached to the fair price shop of one Babu Khan. On 28.03.2016 itself a First Information Report was also lodged.
(2.) Thereafter investigation commenced and on 06.02.2017 in the criminal proceedings a final report was filed. In the mean time, the petitioner as a salesman filed an appeal against the order dated 28.03.2016 and the appeal was allowed on 23.11.2016 and the matter was remitted to the District Supply Officer. Thereafter, a notice was issued to the petitioner on 01.05.2017 with a direction that the petitioner had to submit his reply to the notice dated 21.09.2016. The petitioner, thereafter, submitted his reply on 03.05.2017. The order, thereafter, which was passed on 13.09.2017, however, found that the allegations against the shop were misfounded but it was stated in the order that the license would be restored only if the Cooperative Society changed its salesman. Further condition which was imposed was that the security which was deposited by the society would be forfeited.
(3.) Learned counsel for the petitioner submits that when by the order dated 13.09.2017 the District Supply Officer had restored the shop then he could not have imposed the two conditions namely, that the society had to change its salesman and also that the shop would be restored only if the security was forfeited. Learned counsel for the petitioner submits that the District Supply Officer exceeded his jurisdiction when he passed the order, as even though the petitioner was replying on behalf of the society it was not the petitioner who was given the show cause notice with regard to the malfunctioning of the shop.;