SK. RIASATULLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been preferred by the Petitioner, who is a P.D.S. Retailer, challenging the order of suspension dtd. 22/2/2023 passed by the Sub- Collector & Licensing Authority, Sadar, Cuttack (Opposite Party No.3) so also the Order dtd. 19/6/2024 passed in P.D.S (Appeal) No.11 of 2023, vide which the Collector, Cuttack (Opposite Party No.2), being the Appellate Authority, refused to revoke the order of Suspension dtd. 22/2/2023.

(2.) The factual matrix of the case, as stated in the Writ Petition, is that the Petitioner is functioning as PDS Retailer at Batapur under Nandol Gram Panchayat in Salipur, Block, Cuttack for about last 30 years without any complaint. The PDS license of the Petitioner was valid till 31/3/2023. However, on 28/12/2022, the Petitioner received a show cause notice from Opposite Party No.3 alleging some minor irregularities against the Petitioner, asking him to file reply within seven days. On 30/12/2022, the Petitioner filed an application before the Opposite Party No.3 seeking for time to file reply along with a medical certificate. Thereafter, though the Petitioner approached the Opposite Party No.3 to supply him the documents relating to allegations levelled against him, no document was supplied to the Petitioner to file his show cause. Further, on 22/2/2023 (wrongly typed as 2/2/2023) the order of suspension was passed against the Petitioner without affording any opportunity of hearing to him. Being aggrieved, the Petitioner preferred an Appeal challenging the said order dtd. 22/2/2023 before the Opposite Party No.2 in P.D.S (Appeal) No.11 of 2023. The said order was also upheld by the Opposite Party No.2 vide order dtd. 19/6/2024. Hence, this Writ Petition.

(3.) This writ petition has been preferred mainly on the grounds that the Opposite Party No.3 passed the order of suspension relying on some documents, which were not supplied to the Petitioner so also without disclosing about the report submitted by the Marketing Inspector, Salipur as well as the report of the Block Development Officer, Salipur regarding allegations of irregularities committed by the Petitioner. It is the case of the Petitioner that, after passing of the suspension order, an application was filed by the consumers of the Petitioner unanimously before the Opposite Party No.3 on 13/2/2023 stating about the innocence of the Petitioner so also the allegations levelled against him to be baseless.