SHIV NAYAK Vs. COMMISSIONER CHITTRKOOT DHAM MANDAL BANDA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Standing Counsel as well as the learned counsel for the newly added respondent no. 4.

(2.) THE petitioner has approached this Court for quashing the order dated 19. 4. 2005, Annexure-2 to the writ petition passed by respondent no. 2 and the order dated 8. 9. 2006, Annexure-1 to the writ petition passed by respondent no. 1.

(3.) THE petitioner is a fair price shop dealer. On the basis of a complaint a proceeding was initiated against the petitioner levelling certain charges that he has committed various irregularities in distributing the goods to the card-holders and the petitioner was given a show cause notice to file a reply. The main allegation against the petitioner was that during the months of Oct and Nov. 2004, he has not distributed wheat and rice. Further allegation was made against the petitioner that for the months of Feb. , March, August, Sept. Nov. and Dec. 2004 the petitioner has not distributed the wheat, rice and other articles. On the basis of the reply submitted by the petitioner with various documents, the authorities found that for the months of Oct. and Nov. 2004, the food grains and other articles were not allocated by the Corporation from the go-down to the petitioner. Taking into consideration all the facts and circumstances as there was some minor irregularity in not entering some names in the register after distribution, therefore, a fine was imposed upon petitioner, but the licence of the petitioner has not been cancelled and the petitioner has been exonerated from the charges levelled. This order was passed by the licensing authority on 11. 2. 2005.