BABU Vs. STATE OF U P AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Petitioner's fair price shop licence has been cancelled by the Prescribed Authority vide order dated 1.7.2005. Allegations levelled against the petitioner are as under:

(3.) The order impugned reveals that a preliminary enquiry was got conducted on the basis of which the charge sheet was prepared. During the course of the enquiry, witnesses have been examined. This process of collection of evidence has been done in absence of the petitioner. On collection of the material, the charge sheet has been served on the petitioner. All the charges have been denied by the petitioner. After having denied the charges, the explanation submitted by the petitioner has been rejected without indicating the reasons as also the material on the basis of which they have been rejected. The fundamental rules of natural justice is that a person has to be given a right to be heard which includes the process by which petitioner is able to disprove the allegations levelled against him. This condition does not get satisfied merely by calling for an explanation from the petitioner and rejecting the same without any reasons. If reliance has been placed on the statement of witness in rejecting the plea of the petitioner, then petitioner has a right to disprove the same from the record.