SHAHID NABI Vs. STATE OF U.P.

JUDGEMENT

(1.) The facts in brief of the present writ petition are that the petitioner was running a fair price shop under an agreement executed in terms of Government Order 2004. Certain complaints were made against the petitioner of committing irregularities. The Sub Divisional Officer, Rampur conducted an inquiry and suspended the agreement of petitioner's fair price shop by an order dtd. 9/5/2017 and sought reply of the petitioner on the allegations. The petitioner filed a reply to the allegations along with certain affidavits in support of his case that false complaints were made against him and no irregularities were committed by petitioner. The S.D.M. concerned, after considering the material on record, by an order dtd. 25/7/2017, cancelled the agreement of petitioner regarding fair price shop on the ground of supply of less then prescribed quantity, supply was not on monthly basis and that distribution was not conducted regularly, therefore, irregularities were considered to be serious in nature.

(2.) Being aggrieved, the petitioner filed an appeal before the Commissioner, who after considering the material and submissions, rejected the said appeal on the ground that there was no evidence in support of submission that no irregularities were committed by petitioner and that only due to political reasons, the proceedings were initiated against him.

(3.) In above circumstances, the petitioner has approached this Court challenging both the above referred orders. Counter and rejoinder affidavits were exchanged and written submission filed on behalf of learned counsel for parties were also taken on record.