Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order Annexure P -28 dated 9.8.2007 and the order Annexure P -1 dated 19.9.2007.
(2.) A show cause notice was issued to the petitioner on 20th July, 2007 in respect of inappropriate delivery of 12,000 litres of kerosene under the Public Distribution Scheme. The said show cause notice was issued by the District Food & Supplies Controller, Faridabad (hereinafter referred to as DFSC), who is also a District Magistrate within the meaning of clause 2(c) of the Haryana Kerosene Dealers Licensing Order, 1976 (the short 'the order'). However, in the said order passed by the District Food & Supplies Controller, reliance has been placed on an order passed by the Deputy Commissioner on 8.8.2007 to suspend the licence of the petitioner.
(3.) THE grievance of the petitioner is that the DFSC while considering the issue of cancellation of licence of the petitioner is discharging quasi -judicial functions and therefore, an order of cancellation of licence could be passed by the DFSC alone. To discharge such quasi -judicial functions, the DFSC cannot rely upon the approval or the advice of any Administratively Superior Authority. Thereafter, order passed by the DFSC on the basis of the order passed by the Deputy Commissioner is wholly illegal and not sustainable.;