PRAMOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) Petitioner's fire-arm licence was placed under suspension by Collector vide order dated 11.12.2008. Petitioner came to this Court in Writ Petition No. 3656 of 2009 and the said order dated 11.12.2008 was quashed by this Court by following order

(3.) This Court clearly took a view that arms licence cannot be placed under suspension pending inquiry and, therefore, the order is without jurisdiction. However, this Court permitted the Collector to make inquiry and pass final order with respect to cancellation of licence, if so required. The Collector in a complete strange manner passed a fresh order on 19.3.2009 suspending fire-arm licence of petitioner again observing that this Court has permitted him to pass a fresh order of suspension after giving opportunity of hearing to petitioner. Either the simple English language in judgment was not appreciated or not read at all by Collector himself or his understanding is extremely poor. The judgment is very categorical and clear. It quashes the order of suspension on the ground that Collector did not possess any such power following decision of Full Bench in Balram Singh and Division Bench decision in Sadri Ram. Such kind of understanding on the part of an officer holding the office of District Magistrate is really surprising. If this is the level of understanding and appreciation, this Court feels pity on the situation as to how such kind of officers would be able to manage more onerous duties administration of the district.