RAJESH SHANKAR,J. - (1.) Heard the learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 18.07.2009 passed by the respondent no. 2 the Deputy Commissioner, Lohardaga, dismissing Misc. Appeal No. 4 of 2007 (Annexure 7 to the writ petition) and the order contained in Memo No. 134 dated 22.03.2007 (Annexure 5 to the writ petition) issued by the respondent no. 3 the Sub-Divisional Officer, Lohardaga, whereby the PDS licence of the petitioner has been cancelled.
(3.) The factual background of the case as stated in the present writ petition is that the petitioner was granted licence to run Fair Price Shop (PDS shop) for Bagha Gram Panchayat in the district of Lohardaga. Vide Memo No. 1425 dated 13.10.2004, the respondent no. 3 Sub Divisional Officer, Lohardaga issued a show cause notice to the petitioner alleging certain irregularities being committed by the petitioner in running the PDS shop. The said show cause notice contained four allegations i.e, (1) during inspection, the PDS shop of the petitioner was found closed, (2) the distribution of kerosene was made @ Rs. 10.50 which is more than the fixed rate, (3) the petitioner did not distribute the BPL food grains as a result of which the beneficiaries below poverty line has been deprived of the Government scheme, (4) from June 2004 to July 2004, only 15.5 Kg. of wheat and 19.5 Kg. of rice relating to Antyoday scheme were distributed to the beneficiaries and rest food grains were sold in black market and as such, the beneficiaries were deprived of the said scheme. Thereafter, the petitioner submitted reply on 15.10.2004 denying all the allegations, but neither the suspension of the licence was revoked nor the final order was passed by the respondent no. 3. The petitioner preferred an appeal before the respondent no. 2 being Misc. Appeal No. 2 of 2004 against the order of suspension of PDS licence and the same was disposed of directing the respondent no. 3 to dispose of the matter after issuing show cause notice to the petitioner. The petitioner thereafter preferred revision before the Commissioner, South Chotanagpur Division, Ranchi being Revision No. 1 of 2005 and the same was also disposed of affirming the order passed by the respondent no. 2. Subsequently, the petitioner was again issued show cause notice by the respondent no. 3 vide Memo No. 756 dated 05.07.2005 to submit reply along with the relevant register and cash memo. Again, vide Memo No. 48 dated 08.02.2007, the respondent no. 3 issued a show cause notice to the petitioner mentioning inter alia that the reply to the show cause notice along with the relevant cash memo and stock register should be submitted within a period of one week. The petitioner submitted the reply to the show cause on 05.03.2007. However, vide impugned order contained in Memo No. 134 dated 22.03.2007, the respondent no. 3 cancelled the PDS licence of the petitioner holding inter alia that in spite of the repeated orders of licencing authority, the petitioner did not submit the relevant cash memo and the register, which is violative of Condition No. 8 of the Bihar Trade Articles (Unification of Licence) Order, 1984. Thereafter, the petitioner filed Misc. Appeal No. 4 of 2007 before the Deputy Commissioner, Lohardaga, but the same was also rejected vide order dated 18.07.2009, which has also been put to challenge in the present writ petition.;