LAWS(ALL)-2010-8-70

RAM NATH Vs. STATE OF UP

Decided On August 27, 2010
RAM NATH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY the Court.-BY means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 26/9/2009 passed by respondent No. 2 (Annexure 1 to the writ petition) with the further prayer seeking direction to respondent No. 2 to restore the supply of scheduled commodities to the petitioner for distribution to the card holders.

(2.) THE facts giving rise to this case are that the petitioner happens to be fair price shop agent of Village Megi Nagla, Tehsit Faridpur, District Bareilly. For running the fair price shop an agreement has been entered into between the petitioner and the respondent No. 3. It appears the petitioner has fallen ill and applied for 15 days' leave on 22/2/2006. THE required leave was sanctioned by the concerned authority. THEreafter, after expiry of the period of leave the petitioner has resumed his duties as fair price shop agent on 30/5/2006.

(3.) REFUTING the submissions of learned counsel for the petitioner, learned standing counsel, in support of the order passed by the respondent 2 submitted that there was no scope except to pass the impugned order of cancellation as the petitioner did not furnish his reply and was absent without there being any information.