LANI PANMEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Julius Riamei, learned counsel for the petitioners, Ms. Bisheshwari for respondent No. 3, Mr H. Tarunkumar, counsel for all the private respondents and Mr. Athouba Khaidem, learned G.A. for respondent Nos. 1 & 2.

(2.) This petition has been filed challenging the termination order dated 08-06-2017 by which the Fair Price Shop Agencies of the present petitioners in respect of Tamenglong and Haochong Sub Divisions have been terminated with immediate effect on the ground of unsatisfactory performance and in their place the private respondents have been appointed as FPS (Fair Price Shop) Agents.

(3.) The grievance of the petitioners in this case is that their agencies have been terminated without giving any show-cause notice which is in violation of the principle of natural justice. It is submitted that even if the authorities, respondent No. 3 more particularly, are authorized to terminate the agency, they cannot do so without giving show-cause notice to the petitioners for the alleged irregularities. In support of this contention, Mr. Julius Riamei, learned counsel submits that in fact when there were some allegations against the petitioners on earlier occasion, their agencies were suspended but they were given due show-cause notices and the petitioners had properly explained the allegations and after the allegation were found to be without any basis by the authorities, the suspensions were revoked. In the present case, it has been submitted that while terminating the agencies of the petitioners, no such prior show-cause notices have been given. Accordingly, it has been submitted that the termination order dated 08-06-2017 which was issued without giving any show-cause notice which is in violation of the principle of natural justice cannot be sustained and is liable to be set aside.