Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has assailed the order at Annexure-12 bearing Memo No. 911 dated 26th November, 2008 passed by respondent No. 3, Sub-Divisional Officer, Chas. where under his P.D.S. License being No. 17/BRA/93 has been cancelled under the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984. The appellate order dated 29th November, 2010 passed in Miscellaneous Appeal No. 132/2008 by the respondent No. 2, Deputy Commissioner-cum-Appellate Authority, Bokaro, dismissing his appeal, is also under challenge.
(3.) The impugned action was preceded by a show-cause notice bearing Memo No. 475 dated 17th. December, 2007 issued by respondent No. 3 upon the petitioner asking him to furnish his reply on the charges alleged and to explain as to why his P.D.S. License be not placed under suspension. The show cause alleged that on an inspection on 18th December, 2007 at 11:45 a.m. P.D.S. shop was found closed. The following irregularities were also noticed : (i) On inspection, the shop was closed; (ii) No information board was placed in front of the shop; (iii) Stock and Price table was also n published in front of the shop. (iv) Inquiry from the local people revealed that the shop remair mostly closed; (v) Inquiries from the card-holder also revealed that for almost a yet there has been no distribution essential items i.e. wheat, rice kerosene oil etc. Further allegations were also made by the Red Card/Antyodaya Card Holders.;