RAJ KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition under-Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of certiorari quashing the orders dated 15.11.2008 & 24.2.2010 passed by the opposite party Nos. 2 and 3 contained in Annexures 1 and 2 respectively and for issuing a writ of mandamus directing the respondents to return the Arm Licence of the writ petitioner. Heard both the parties and have gone through the records.

(2.) Briefly stated the relevant facts, for the purpose of deciding this writ petition are that the petition was issued an armed licence which was suspended by the District Magistrate and a show-cause notice was issued to the petitioner to which he replied. The petitioner could not satisfy to the whims of the District Magistrate and ultimately his licence was canceled vide order in question which he preferred an appeal before the Commissioner, but in vain. Hence, the petitioner has approached to this Court.

(3.) The ground for issue of show-cause notice, suspension and ultimately cancellation of the licence is that one and precisely one criminal case was registered against the petitioner. The District Magistrate has also held that the petitioner has been enlarged on bail. He has gone further to observe that if the licence remained intact, the petitioner, may disturb public peace and tranquility. The same findings have been given by the Commissioner, Unmindful of the fact that this Court is repeating the law of the land, but the deaf ears of the administrative officers do not ready to succumb the law of the land. The settled law is that mere involvement in a criminal case without any finding that involvement in such criminal case shall be detrimental to public peace and tranquility shall not create the ground for the cancellation of Armed Licence. In Ram Suchi v. Commissioner, Devipatan Division,2004 22 LCD 1643, it was held that this law was relied upon in Balram Singh v. State of U.P.,2006 24 LCD 1359. Mere apprehension without substance is simply an opinion which has no legs to stand. Personal whims are not allowed to be reflected while acting as a public servant.