M JAGADEESWARA PANDIAN Vs. ASSISTANT COMMISSIONER (EXCISE)

JUDGEMENT

(1.) As the appeal lies in a narrow compass, we have directed the learned Government Advocate to take notice for the respondents. Accordingly, we have heard the appeal itself for final disposal.

(2.) In the writ petition, the petitioner/appellant sought for quashing the order passed by the Assistant Commissioner of Excise, Dindigul, in R.O.C. No. 8608/95/J3 dated 30th January, 1995 suspending the I.M.F.L. Licence 8/93-94 temporarily for a period of 90 days in exercise of the power under Rule 19(2) of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (hereinafter referred to as the Rules).

(3.) The contention raised before us is that as per Rule 19(2) of the Rules, reasons are required to be furnished within 5 days from the date of suspension. As no reasons are furnished within 5 days, the order of suspension should fall to the ground.