GOBINDA CHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Mr. Das, learned counsel for the petitioner submits that the petitioner was a PDS licensee and was served with a show cause notice on 24.1.2008 under Annexure -2 and simultaneously, on the self -same day an order was passed suspending the licence of the petitioner. He submits that Clause -10 of the Orissa POS (Control) Order, 2002 provides that the Licensing Authority may (sic) or suspend the licence by an order in writing, but the said clause also provides that no order shall be made under this clause unless the licensee has been given a reasonable opportunity of stating his case against the proposed cancellation or suspension.

(2.) MR . Das, learned Addl. Government Advocate submits that exigency of the circumstance so necessitated for passing the order of suspension after issuance of the show cause notice. He further submits that individual interest can be waived for public interest and therefore, no interference in the impugned order is called for since the same is appealable under Clause 14(2) of the Control Order, 2002. According to him, the petitioner has also filed his response to the show cause notice and therefore, it may be left to the authority to decide the outcome of the said proceeding.

(3.) IN the present case at hand, it is clear that though show cause notice was issued to the petitioner on 24.1.2008, the licence of the petitioner has been suspended with immediate effect. It is also a fact that the petitioner has already given his reply to the show cause notice on 28.1.2008 under Annexure -4.