PAPPU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER was appointed as fair price shop agent. He was served with a show cause notice alleging therein that his brother was caught red handed with essential commodities by the authority concerned. It was alleged that he was involved in black marketing. The petitioner was called upon to show cause as to why his agency be not terminated. The petitioner did not submit any reply to the show cause notice. The authority therefore, with reference to the reports received qua the brother of the writ petitioner being caught red handed with the essential commodities, proceed to hold that the petitioner is guilty of irregularities in distribution of essential commodities and, therefore, cancelled the fair price shop agency of the writ petitioner. Not being satisfied the petitioner preferred an Appeal under Section 28 (3) of the Government Order applicable, before the Commissioner. The Commissioner after examining the material on record has found that the petitioner has not submitted any reply to the show cause notice, therefore, the order of the Sub Divisional Magistrate based on un-controverted reports was justified. The Appeal has been dismissed. It is against these two orders that the present writ petition has been filed. Counsel for the petitioner except for referring to the final report submitted in criminal proceedings initiated under Section 3/7 of the Essential Commodities Act has not furnished any explanation as to why the reply to the show cause notice was not submitted by the writ petitioner. I am of the considered opinion that in absence of reply having been filed by the writ petitioner, the authorities was justified in relying upon the reports qua the brother of the writ petitioner being caught red handed with essential commodities meant for distribution at the fair price shop of the writ petitioner. Such findings of the authorities cannot be said to be perverse so as to warrant any interference under Article 226 of the Constitution of India. Writ petition lacks merit and is dismissed.