Dinesh Maheshwari, J. - (1.) BY way of this writ petition, filed only on 23.03.2009, the petitioner seeks restoration of his authorisation as fair price shopkeeper that was cancelled as back as on 27.09.2005.
(2.) FROM the averments taken in the petition and the documents annexed thereto it appears that the petitioner, who had been granted authorisation as fair price shopkeeper at Gadarmala, District Bhilwara under the Rajasthan Food Grains and other Essential Articles (Regulation of Distribution) Order, 1976 ['the Order of 1976'], was served with a show cause notice dt. 06.08.2005 [Annex.1] by the District Supply Officer, Bhilwara ['the DSO'] pointing out that in the inspection carried out on 11.08.2004, several irregularities were found including the following: ...[VERNACULAR TEXT OMITTED]... (6) rglhy dk;kZy; ,oa MhvkjMh, ls Hkqxrku ,oa dwiu tek gksus dk izek.k i= isà ''k djsa rFkk dksbZ Hkqxrku à ''ks"k ugha jgus dk izek.k i= isà ''k djsaA The petitioner was informed that his acts and omissions were violative of conditions No. 5, 11 and 14 of the authorisation; and was called upon to explain on 23.08.2005. The petitioner allegedly submitted a reply to such notice, copy whereof has been placed on record as Annexure -2 stating, inter alia, that the stock register was not updated for want of sale transactions from 31.07.2004 to 11.08.2004. In relation to the missing quantity of 135.95 quintals of wheat, the petitioner stated that he had distributed the same at the instance of Sarpanch who had assured to supply the coupons later; and further that he had deposited the amount of difference in the treasury. In relation to the other objections, the petitioner stated that the unit register was at his house and could not be produced at the time of inspection; that further distribution work had not commenced for want of supply and, therefore, the board was not filled up; and that he had already produced the payment vouchers from the tehsil and DRDA.
(3.) IT appears that the District Supply Officer, Bhilwara proceeded to order cancellation of the authorisation of the petitioner by the decision as rendered in Case No. 148/2005 on 27.09.2005. The petitioner has placed with this petition as Annexure -3 the consequential order issued on 27.09.2005 whereby the DSO informed all the concerned about cancellation of authorisation of the petitioner by the decision rendered in case No. 148/2005 but, for the reasons best known to him, the petitioner has not produced on record the principal order passed on 27.09.2005.;