DIGVIJAY SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was granted FL-3 license for sale of foreign liquor in open bottle at Bar and Restaurant at Bilaspur. He was subjected to show cause notice vide notice dated 16-2-2018 specifying the grounds on which the action is proposed to be taken and seeking explanation as to why strict action be not taken for serious irregularities and misconduct committed by him which the petitioner replied and ultimately, the Collector (Excise) by its order dated 6-3- 2018 cancelled the license granted to the petitioner and thereafter, the petitioner's license period expired on 31-3-2018. Appeal taken against that order also remained unsuccessful leading to filing of this writ petition.

(2.) Mr. Anurag Dayal Shrivastava, learned counsel appearing for the petitioner, would submit that the impugned order passed by the learned Collector affirmed by the Excise Commissioner is unsustainable and bad in law, as the show cause notice is blissfully silent as to which of the penalties provided in Section 31 of the Chhattisgarh Excise Act, 1915 (for short, 'the Act of 1915') was to be imposed, either it is cancellation or suspension of license or the prosecution of the petitioner which is in teeth of the provisions contained in the decision of the Supreme Court in the matter of Gorkha Security Services v. Govt. of NCT of Delhi and others, (2014) AIR SC 3371.

(3.) Mr. Arun Sao, learned Deputy Advocate General appearing for the State/respondents, would submit that the petitioner's conduct is extremely serious and serious irregularities were found in the shop of the petitioner leading to issuance of show cause notice for taking strict action and thereafter, license has been cancelled by the Collector (Excise) which has been affirmed by the Excise Commissioner.