UMESH CHANDRA TEWARI Vs. COMMISSIONER, FAIZABAD & ORS.

JUDGEMENT

(1.) HEARD Sri R.S. Pandey, learned counsel for the petitioner, Sri V.R. Verma, learned counsel for the opposite party Nos. 1 to 4 and Sri V.K. Srivastava, advocate appearing on behalf of opposite party no. 6.

(2.) MATTER is taken in the revised cause list. None appeared on behalf of opposite party no. 5.

(3.) SRI Pandey, learned counsel for the petitioner further submitted that the petitioner aggrieved by the suspension order dated 22.11.2004, filed an appeal before the appellate authority, the same was allowed with the direction to the competent authority to consider and decide the matter arising out of the suspension order dated 22.11.2004, within a period of six months. Thereafter, petitioner submitted his reply on 21.01.2005 in response to the charges which were leveled against him. However, without considering the reply submitted by the petitioner, on merit and by way of non-speaking order relying on the enquiry report dated 09.11.2009 the copy of which was not given to him, the opposite party no. 2, Deputy Collector, Tehsil Haidergarh, District Barabanki cancelled the agreement of the petitioner for running of the Fair Price Shop by order dated 14.03.2005. The said order was challenged by the petitioner before the appellate authority by way of appeal(numbered as 165/Barabanki of 2004), dismissed by order dated 18.08.2005 hence, the present writ petition.