RATAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court has challenged the order dated 02.06.2017 passed by the Commissioner, Garhwal Mandal, Pauri Camp, Dehradun, who has passed the impugned order as Appellate Authority rejecting the appeal of the petitioner on the ground of delay.

(2.) The facts of the case are that the petitioner was given a fair price shop licence in the year 2000 but thereafter it was found that the petitioner was not distributing the foodgrains, rather he was found drunk, under influence of alcohol, and consequently the fair price shop licence granted in favour of the petitioner was suspended on 28.04.2014. The petitioner admittedly never filed an appeal before the Commissioner against the order of suspension. Subsequently, considering the need of the consumers, the Gram Sabha passed a resolution that the shop be allotted to another person and consequently the show was allotted to respondent no.5, who is presently running the fair price shop since 14.09.2016. Meanwhile, the petitioner filed an appeal before the Commissioner, Garhwal Mandal, which was rejected on grounds of delay, inasmuch as the petitioner could not be able to explain the delay in filing the appeal. The appeal was admittedly filed belatedly after one year.

(3.) In order to explain the delay, the petitioner assigns reason that he was undergoing some medical treatment and in order to substantiate his ground, he has submitted a certificate before this Court issued by a Diagnostic Centre, namely, "Dushyant Diagnostic Centre". In the said diagnostic centre, there are names of three doctors. First is the name of Dr. Kunwar Singh, whose qualification is B.A.M.S. from Kanpur, who is a Physician and Surgeon, second is Dr. H.D. Sharma, who is a "Jyotishacharya" (Astrologer) and third is Dr. Jaivardhan, who is M.B.B.S. (Std.). Whether the doctors with these qualifications can run a diagnostic centre was the initial query of this Court and consequently this Court vide order dated 11.08.2017 had directed the District Magistrate, Haridwar to examine the veracity and genuineness of the certificate issued by the said diagnostic centre. On inquiry by the District Magistrate, it has come to knowledge that the petitioner has gained such certificate as OPD patient and he never remained admitted in the diagnostic centre. In any case this is not the enquiry this Court had sought.