GULAM RASOOL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri K.S. Kushwaha, Advocate assisted by Shri Santosh Kumar Singh Paliwal, learned counsel for the petitioner and Shri Dalveer Singh, learned Standing Counsel for the State respondents. The petitioner, who is a licensee of fair price shop, has preferred the instant writ petition for issuing direction to the second respondent, Director General of Police, Khadya Prakostha, U.P. Lucknow to take action on his representation dated 10.2.2018 and to restrain the respondent nos.5 and 6 from conducting the alleged enquiry. By an amendment application, which was allowed on 5.7.2018, the petitioner has also assailed the validity of the order dated 20.4.2018 passed by the Sub Divisional Magistrate, Mohammadabad Gohna, District Mau, whereby the fair price shop licence of the petitioner has been placed under suspension.

(2.) It appears from the record that the petitioner was accorded fair price shop license of Gaon Sabha Sarya, Tehsil Mohamdabad Gohna, District Mau after following all due process and he was running the fair price shop in question without any complaint. On the complaint of the eighth respondent, the fair price shop of the petitioner was suspended on 30.12.2016. Thereafter, an enquiry was conducted by a Three-Member Committee and by the order dated 23.3.2017 the Enquiry Committee exonerated to the petitioner from all the charges and recommended for restoring the fair price shop licence of the petitioner. In pursuance of the aforesaid order, the Sub Divisional Magistrate restored the fair price shop licence on 24.3.2016. Thereafter the seventh respondent namely Man Bahadur Singh, Ex-Mandal Adhyaksh of Bhartiya Janta Yuva Morcha, Mohamdabad Gohna, Mau moved a complaint on his letter pad on 3.4.2017 before the Chief Minister for further enquiry. Again the fair price shop licence was suspended on 20.5.2017 and after the enquiry the same was restored by the Sub Divisional Magistrate on 12.9.2017.

(3.) Initially, the matter was taken up on 20.2.2018 and on the said date, the Court asked learned Sanding Counsel to seek instruction as to why the case of the petitioner, who is the petty fair price shop licensee, cannot be considered by the Licensing Authority i.e. District Supply Officer, District Mau and why the Police Inspector from Khadya Prakostha, Faizabad Region, Faizabad is being directed to conduct the enquiry against the petitioner. Thereafter, the matter was taken up on 7.3.2018 and the Court had again shown displeasure on the instruction so submitted by learned Standing Counsel. Again the matter was taken up on 21.3.2018 and the Court had proceeded to pass a detailed order to the following effect:-