KAUSHAL KUMAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Baruah, the learned counsel appearing for the petitioner. The respondent Nos.1 - 4 are represented by the learned Govt. advocate Mr. P.S. Deka. The 5th respondent despite service of notice, has not entered appearance.

(2.) The petitioner was appointed as a retail dealer for distribution of PDS items at Kanjikhowa/Kajanibari village under the wholesaler M/s Dinjoy Gaon Panchayat Samabay Samity Limited (respondent No.5). The PDS licence was renewed regularly until the same was suspended on 16.12.2010 (Annexure-4) by the impugned order passed by the Deputy Director of Food, Civil Supplies and Consumer Affairs (FCS and CA), Dibrugarh. The suspension of licence was ordered on the basis of the enquiry report dated 16.11.2010, where the Inspector, FCS and CA, Chabua had referred to various malpractices of the licencee including diversion of the PDS/TPDS commodities and also charging of higher price, from the attached consumers.

(3.) The legality of the suspension of licence ordered under Clause 15(1) of the Assam Public Distribution of Articles Order, 1982 (hereinafter referred to as the -1982 Order-) is challenged on the ground that the licencee was denied due opportunity before he was penalized. Mr. S. Baruah, the learned counsel submits that the copy of the Inspector's enquiry report was never furnished and hearing was not afforded to the licencee to present his version on the allegation. The counsel projects that supply of PDS articles by the wholesaler was drastically curtailed since August, 2010 and accordingly Mr. Baruah submits that dissatisfaction of the consumers cannot be attributed only to the conduct of the retail agent.