RAM NIWAS Vs. DISTRICT SUPPLY OFFICER SHAHJAHANPUR

JUDGEMENT

(1.) PALOK Basu, J. A short but an interesting question has been raised by SriRamendra Asthana,learned counsel for the petitioner in this writ petition. Can the second proviso to clause 8 of the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 be attracted on the facts of the present case when the petitioner alleges to have presented an application in reply to the show cause notice said to have been filed on 15-7-1995 in the office of the District Supply Officer, Shahjahanpur.

(2.) THE short facts are that the petitioner, Ram Niwas, holds a licence in Form 'c' under the U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, for short the order, which is valid upto 31-3-1997. On 3-6-1995 a first information report has been lodged by the Sub-Divisional Officer, Jalalabad, District Shahjahanpur, which bar been registered under Sections 420, 421 and 424 1pc at Police Station Mirzapur, District Shahjahaupur. An oil tanker was found present in the business premises of the petitioner on 3-6-1995 and the driver of the tanker produced two cash memos, one for 3000 Litres and other 2000 Litres of Diesel in the name of the petitioner, the allegation therefore, in short were that the petitioner was making supply and purchase of High Speed Diesel Oil flouting the terms and conditions of the licence granted to him under the Order.

(3.) IN paragraph 23, the petitioner himself has pleaded that an application for time was moved on his behalf before the District Supply Officer and 15 days time was granted to him for filing a reply. Again the admitted position is that according to the petitioner, he filed his reply in the office of the District Supply Officer on 15-7-1995 and that the Area Rationing Officer who was the incharge of the District Supply Office, on 15-7-1995 told him something orally regarding the enquiry.