JAMIL AHMAD KHAN Vs. COMMISSIONER BAREILLY

JUDGEMENT

(1.) M. Katju, J. Petitioner's fair price shop licence has been cancelled. Against that order the petitioner filed an appeal which has been dismissed by means of the impugned order dated 29- 11-2002.

(2.) HEARD learned Counsel for the parties.

(3.) FROM the impugned orders dated 21-3-2001 and 29-11-2002 it appears that the petitioner has earlier been given warnings for various irregularities he had committed. The learned Commissioner in the order dated 29-11-2002 observed that the earlier warnings had no effect on the petitioner and hence there was no requirement to give fresh opportunity of hearing. Thus the allegation that the petitioner was not given opportunity of hearing before cancelling his licence is undisputed. Merely because he had been given warnings earlier does not mean that he should not have been given a show-cause or opportunity of hearing before cancelling his licence. Thus the cancellation in order violates the principles of natural justice.