LATE BRIJ KISHORE THROUGH VISHNU SAXENA Vs. ASSISTANT COMMISSIONER (SOUTH), DEPARTMENT OF FOOD AND SUPPLY AND ANR.

JUDGEMENT

(1.) The Petitioner is aggrieved by the orders dated 18th March 2009 and 28th April 2010 passed by the first Appellate Authority in Appeal No. 36/AS/2008 and Review Petition No. JS(S)-17/2009 (FPS) respectively.

(2.) The Petitioner is a holder of a fair price shop ('FPS') licence No. 6523 which was issued in the name of his father late Shri Brij Kishore. It is stated that on the demise of his father the licence was transferred in the Petitioner's name. The FPS is located in Circle No. 33 (Saket). The Petitioner claims to be maintaining records, stocks and sales registers as per the provisions of the Delhi Specified Articles (Regulation of Distribution) Order, 1891 (hereinafter 'the DSA Order') as well as Public Distribution System (Control) Order, 2001 (hereinafter 'the PDS Order'). On 21st July 2008 an order was issued by the Assistant Commissioner (South), Department of Food and Supply ('DFS'), Government of NCT of Delhi ('GNCTD') stating that 78 Antyodaya Anna Yojana ('AAY') card holders attached to the Petitioner's FPS were found not residing at the given addresses. Consequently by an order dated 21st July 2008 the supply of specified food articles ('SF As') in respect of the said 78 cards was directed to be stopped with immediate effect. Admittedly, the Petitioner immediately complied with this direction.

(3.) On 31st July 2008 a suspension-cum-show cause notice was issued by Respondent No. 1 to the Petitioner alleging that the Petitioner was not running his FPS as per the DSA Order and had violated relevant provisions of the DSA Order and the PDS Order.