SACHDEVA BROTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant happened to be a Wholesale Kerosene Dealer. A licence, under the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 [for short, 'the Licensing Order'], was issued to the appellant, for distribution of kerosene oil to the retail dealers.

(2.) A complaint was made by a depot holder, namely, Surinder Kumar, that 150 kilolitres of kerosene oil was allocated to the appellant for distribution to local depot holders/licensee/cooperative societies, however, the same was never distributed. The competent authority i.e. the District Controller, having taken cognizance of the matter, in exercise of power under Section 10 read with Section 2C of the Licensing Order, suspended the licence of the appellant, vide order dated 8th July, 2010.

(3.) THE District Controller, on consideration of the matter, inter alia, was of the view that the licence of the appellant was suspended on 8th July, 2010 and on the following day i.e. 9th July, 2010, the appellant approached the police authority to inform qua the alleged loss or misplacement of original records. This, in view of the authority, was just a cover up post - suspension to avoid the inquiry. It was observed, that had the appellant actually lost or misplaced the original records, it would have intimated the respondent No.3 immediately. Nothing in this regard was conveyed even on 21st July, 2010, during the course of personal hearing. Although, the information to the police was given on 9th July, 2010, but the alleged misplacement of the original records was reported, for the first time, to the District Controller on 9th September, 2010 i.e. after two months. This, proved that the records had not actually been misplaced rather the Dealer had made an effort to mislead the department by hatching a conspiracy. Thus, the District Controller, cancelled the kerosene oil licence of the appellant.