RAJA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State, Sri S.S. Yadav for complainant-respondent no. 6 and perused the record.With the consent of the learned counsel for the parties, this writ petition is disposed of? at this stage without calling for? a counter affidavit.

(2.) The petitioner is a Fair Price Shop Dealer. On complaint made by the respondent nos. 6 to 8 against the petitioner, by order dated 8.6.2012, the dealership of the petitioner was placed under suspension. On considering the reply of the petitioner, vide order dated 25.7.2012, the suspension of the dealership? of the petitioner was withdrawn with the condition that the petitioner shall deposit a sum of Rs. 3000/-, which the petitioner deposited and thereafter continued running his fair price shop. Then by the order dated 18.8.2012, the earlier order dated 25.7.2012? withdrawing? the suspension order was withdrawn, meaning thereby that the suspension? of the dealership? of the petitioner was to continue.

(3.) Challenging the same, petitioner filed Writ Petition No. 44900 of 2012, which was allowed by this? Court? vide judgment and order dated 6.9.2012? and the order dated 18.8.2012 was quashed. In the said judgment, it was held that the petitioner was not given any opportunity? of hearing before passing of the impugned order dated 18.8.2012. It was also observed in the said order that giving opportunity by the inquiry officer? would not amount to complying with the principles of natural justice, as opportunity has to be given before passing of the final order, which? in that case was the order dated 18.8.2012. The said order dated 6.9.2012 was served on the Sub Divisional Magistrate as well as District Supply Officer. However, in the meantime, on 11/12.9.2012, the Sub Divisional Magistrate has cancelled? the dealership of the petitioner.