RAM SWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The licence of the fair price shop of the petitioner was cancelled. The petitioner filed an appeal, which was rejected. The petitioner preferred writ petition no. 52994 of 2006, which was allowed by an order dated 19.09.2008 and the matter was remitted to the appellate authority to re-decide the matter in the light of the observations made therein.

(3.) Before the writ Court, it was contended that there were two enquiry reports. The first enquiry report is dated 24.12.2005 and the second is dated 28.12.2005 and that the first enquiry report was given in the presence of the petitioner and that the second enquiry report is an ex-parte report given in the absence of the petitioner. The writ Court, while allowing the writ petition and remitting the matter to the appellate authority had directed the appellate authority to consider the first enquiry report while deciding the matter on merits.