RAJINDER PAL SINGH Vs. GOVT OF DELHI

JUDGEMENT

(1.) PRESENT petition has been filed by petitioner under Articles 226 of the Constitution of India for issuance of a writ of certiorari or any other writ directing respondents to quash the suspension -cum -show cause notice dated 18.03.2008 issued by Assistant Commissioner (South).

(2.) THE necessary facts for disposal of the present writ petition are that the petitioner had been granted licence no.2541/82 dated 5.4.1982 for running the Kerosene Oil Depot (for short, 'KOD') at F -139, Savitri Nagar, New Delhi under Circle 8, which was renewed from time to time and was lastly renewed for the period starting from 5.4.2002 to 4.4.2005. A copy of the license granted in favour of the petitioner, has been filed along with the writ petition.

(3.) IN this case on 10.3.2008 officials of the Food and Supply Department visited the shop of the petitioner at about 5:20 p.m. but there was none to attend the team. Thereafter the team with the help of local police tried to contact the licencee / salesman / authorization holder but he could not be contacted. After waiting till 7:00 p.m., as none had come to attend the team, the shop of the petitioner (KOD) was sealed in the presence of the independent witnesses. The petitioner made a request / reply dated 12.03.2008 to the respondent and rendered explanation with respect to inspection dated 10.3.2008, however, on the basis of the report of the team, the Assistant Commissioner (South) issued a suspension -cum -show cause notice dated 18.03.2008, whereby the authorization licence of the said KOD was suspended and the authorization holder was also directed to appear before the Assistant Commissioner (South) on 16.4.2008 at 11:30 a.m. While issuing notice in the matter on 7.4.2008, this court passed the following order: