ANAZ BABU Vs. DISTRICT SUPPLY OFFICER

JUDGEMENT

(1.) The petitioner challenges Ext.P5 order terminating his licence to conduct ration shop No.179 and seeks a direction to restore the licence.

(2.) The petitioner was appointed as Authorised Retail Distributor (ARD No.179/Mukundapuram Taluk), as per Ext.P2 order dt.29.9.2008, under the provisions of the Kerala Rationing Order, 1966 and the terms and conditions of the agreement to be executed under clause 45 of the rationing order. The petitioner was to carry on the business in ward No.9 of Mala panchayat. While he was conducting the ration shop, the Taluk Supply Officer, as per Ext.P3 order dt.8.10.2013, suspended his licence, alleging lapses on his part in not lifting the stock of ration articles allotted for his shop for the week ending on 05.102.2013, which affected the distribution of ration articles based on which several complaints were received against him. It was stated that the petitioner acted in violation of various provisions of Kerala Rationing Order and the provisions in the agreement with the Government. The petitioner claims that he had submitted a representation against the suspension in November, 2013 and thereafter he left for Kuwait in search of a job. It is stated that on 10.12.2019, he came to know that a charge memo was issued to him on 30.11.2019 and therefore he submitted Ext.P4 reply dated 11.12.2019 requesting to restore his license. The petitioner submits that thereafter without considering his representation, the District Supply Officer issued Ext.P5 order dated 22.09.2020 cancelling the licence issued to him permanently. The petitioner submits that the cancellation was ordered without issuing any notice or opportunity of hearing under sub clause 8 of Clause 45 of the Kerala Rationing Order and without disclosing any reasons for the same.

(3.) Ext.P5 order is issued by the District Supply Officer in exercise of his powers under clause 45 of Kerala Rationing Order, 1966. It was stated that after suspending the licence of the ARD as per order dt.5.10.2013 in connection with the failure on the part of the petitioner in lifting the stock in time, a memo of charge was issued to the licensee on 30.11.2019. It was stated that the Taluk Supply Officer had as per his letter dt. 06.02.2020 informed that the licensee has not received the memo of charge issued on 30.11.2019 as he is abroad. It was further stated that the action of the petitioner was in violation of the agreement executed with the Government and it was also in violation of the provisions contained in the Kerala Rationing Order. It was therefore ordered that the entire security amount (Rs.3500/-) remitted by him would be forfeited by the Government and the licence granted to him shall stand withdrawn. .