MADHAVI WINES Vs. EXCISE SUPERINTENDENT ADILABAD

JUDGEMENT

(1.) The appellant's excise licence was suspended by the Excise Superintendent, Adilabad. by order dated 5th September. 1994. A number of allegations were made against the appellant in the order of suspension and ultimately the Excise Superintendent stated as under : "Hence in exercise of the powers conferred on me under Sec. 31(1)(b) of A.P Excise Act, 1968, I hereby order for suspension of the licence of M/s Madhavi Wines, Mancherial with immediate effect." This order was challenged by the appellant in the writ petition which has been dismissed summarily on the ground that the petitioner has an alternative remedy by way of appeal under Section 64 of the A.P. Excise Act.

(2.) Whether or not the appellant has a right of appeal under Section 63 or a right of revision under Section 64 of the Andhra Pradesh Excise Act is not material for us as we propose to dispose of this appeal on another ground, namely, the ground relating to the giving of an opportunity before suspending the excise licence of an excise contractor under Section 31of the A.P. Excise Act. The relevant provisions of Section 31 of the Act are quoted below "31. Power to cancel or suspend Licence etc. (1) Subject to such restrictions as may be prescribed the authority granting any licence or permit under this Act may cancel or suspend it irrespective of the period to which the licence or permit relates : (a).................. (b).................. (c).................. (d).................. (e) Provided that no licence shall be cancelled or suspended unless the holder thereof is given an opportunity of making his representation against the action proposed."

(3.) Proviso to Sub-section (1) indicates that before a licence is cancelled or suspended, the holder thereof shall be given an opportunity of making his representation against the proposed action. There can be no difficulty in cases where suspension is resorted to as an interim measure pending enquiry into the charges levelled against the licensee, but where suspension is resorted to as a substantive punishment an opportunity of hearing has to be given to the person whose licence is proposed to be suspended.