JAGBIR SINGH Vs. SECRETARY AGRICULTURE

JUDGEMENT

(1.) HEARD Sri Tarun Agarwal, learned counsel for the petitioner and Sri Ravi Ranjan, learned Counsel representing the respondents. Perused the writ petition as also the counter-affidavit.

(2.) PETITIONER, a District Agriculture Officer, was conferred with additional duties of Registering Authority by means of notification dated 5-1-1989, being An-nexure-4, issued by the Governor in exer cise of powers under Clause 26 of the Fer tiliser (Control) Order, 1985 read with Section 21 of the General Clauses Act, 1897. The additional duties of Registering Authority was conferred upon the petitioner by means of notification afore-stated for the purpose of granting or renewal of certificate of registration for selling fertiliser in wholesale, or retail or both within the area of their respective jurisdiction. The power in fact was con ferred on all the District Agriculture Of ficer, the District Agriculture-cum Project Officer, the Project Officer (Agriculture) and the Plant Protection Officer in every such district where T & V Scheme was in force. By means of another notification dated 18-11-1999 the District Agriculture Officer besides certain other Officer in every district were assigned additional duties of Fertilizer Inspector. By im pugned notifications dated 5-2-2000, being Annexure Nos. 1 and 2 respectively, the appointment of the petitioner as Registering Authority and Fertiliser In spector has been revoked.

(3.) IMPLIED power of revocation as conferred by Section 21 of the General Clauses Act in our opinion is not attracted to the facts of present case when the earlier notifications was not revoked generally and the revocation is confined to an individual officer. Confined of power in respect of the petitioner could have been revoked only after affording opportunity of hearing. Annexure Nos. 1 and 2 are therefore liable to be quashed with liberty to the State Government to take such decision as it may deem fit and proper after affording opportunity of hearing to the petitioner.