APARESH KUMAR SINGH, J. - (1.) Heard learned counsel for the petitioner and the State.
(2.) Petitioner is a PDS licensee of fair price shop since 1989 bearing No. 6/89 (Annexure-1) at village Damdam, Block Hunterganj, District Chatra. On the basis of an inspection carried out on 2.6.2010 by the S.D.O Chatra, a show cause was issued bearing memo no. 941 dated 8.6.2010 (Annexure-2) containing the following charges:- (i) that certain card holders have alleged that only 33 kg of food items were distributed by the petitioner in lieu of which Rs.50 was charged ; PDS items of the month of April were not distributed but in the supply register, distribution of items were shown on 15,16 and 17th May, 2010. (ii) One Sonwatia Devi W/o card holder Chandar Bhuiyan had complained that food articles of the month of May have been lifted though shown in her card in April. Inquiry revealed that PDS food items were lifted for the month of April also.
(3.) Petitioner was asked to respond within 3 days. Vide Annexure 2/1 dated 29.6.2010 petitioner furnished his reply enclosing statement of certain card holders in his support. He further asserted that food items have been distributed in the month of April. In respect of the second charge he accepted it as a clerical mistake. The Licensing Authority cum S.D.O, Chatra, Respondent no.3 did not find his explanation satisfactory and cancelled the license by the impugned order dated 20.7.2010 (Annexure-5). On appeal, the Deputy Commissioner, Chatra has also upheld it by the impugned order dated 25.4.2012.;