DES RAJ Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant petition has been filed under Articles 226 and 227 of the Constitution of India for quashing the order dated 06.02.2013 (Annexure P -5) and order dated 13.06.2013 (Annexure P -6) passed by respondents No. 2 and 3 respectively, whereby the depot license of the petitioner has been cancelled. Brief facts of the case are that petitioner was issued a license for distribution of the essential commodities on fixed price by the respondent No. 3 under order 5 of the Punjab Public Distribution System (Licensing and Control) Order, 2003. There was a complaint against the petition that he is supplying less quantity of grains to the card holders besides this he is charging more. His behavior is not good towards the consumer. In pursuance of that, in enquiry was conducted and a show cause notice was issued to the petitioner. He filed his reply, which was found unsatisfactory. Finally, the authorities came to a conclusion that petitioner actually supplied 10 kg. of A.P.L. wheat but in the sale register 15 kg. of A.P.L. wheat was shown to have been given to each of the card holders. 19 Consumers have deposed before the enquiry authority that they were given 10 kg. of A.P.L. wheat for Rs. 85/ -. Besides this, during enquiry, it transpired that even in the sale register no signatures or thumb impressions of the consumers from Serial No. 118 to 132 were existing. It has been pointed out that in pursuance of the enquiry, decision was taken by the competent authority, whereby the license of the petitioner was cancelled vide order dated 06.02.2013 (Annexure P -5). Aggrieved against the order, the petitioner preferred an appeal under Order 8 of Punjab Public Distribution System (Licensing and Control) Order, 2003 before Commissioner, Food, Civil Supplies and Consumer Affairs, Punjab, which was dismissed by the Commissioner vide order dated 13.06.2013 (Annexure P -6).

(2.) In pursuance of notice of motion, reply on behalf of the respondent -State has been filed. Para 2 of the reply reads as under: -

(3.) Thereafter complete enquiry was conducted. Even the depot holder has not produced its records, rather stated that the same has been misplaced and he has already lodged report in the Police Station Ghanour on 18.06.2012.