RISHIPAL Vs. STATE OF U P AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for quashing of the orders dated 21.11.2009, 27.03.2010 and 02.08.2010 passed by the respondents No. 3 and 4 respectively and for issuance of a Mandamus to the Authorities not to make any third party allotment of the Fair Price Shop in question and to restore the licence of petitioner.

(2.) It has been argued by the learned counsel for the petitioner that since the Supply Inspector was demanding illegal gratification, the petitioner had complained against the conduct of the Supply Inspector on 13.08.2009 in Tehsil Diwas before the District Magistrate asserting that Mr. D.K. Goyal, Supply Inspector arrayed as opposite party No. 5, asked for one bag of sugar free of cost which the petitioner refused to give. The respondent No. 5 thereafter being annoyed lodged a false First Information Report against the petitioner showing recovery of one horse-cart loaded with three bags of wheat and four bags of rice and from examination of the horse-cart driver, it is admitted that the petitioner engaged the said horse-cart and was taking the aforesaid seven bags of foodgrain for the purpose of black-marketing.

(3.) On the basis of the First Information Report so lodged a suspension order was issued against the petitioner by the Sub Divisional Magistrate, Sadar, Tehsil Sadar, District Muzaffar Nagar directing the petitioner to submit his reply also.