BHOLA PRASAD YADAV S/O LATE DEVI PRASAD YADAV Vs. STATE OF BIHAR THROUGH THE COM- MISSIONER-CUM-SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) Petitioner is a dealer under Public Distribution System and pursuant to an inspection carried out, the licensing authority i.e. Sub-Divisional Officer, Purnea, issued a notice to him to show cause why his license be not suspended. The show cause is dated 14.3.2008 and is contained in Annexure-1. Petitioner filed his show cause, but notwithstanding the same, referring to certain earlier proceedings as well which were not found to be in the show cause, by order dated 28.5.2008 the licence of the petitioner has been cancelled in that regard. Petitioner preferred an appeal before the Collector, Purnea being Supply Appeal No. 89/2008 but the appeal was dismissed by the Collector, Purnea, merely holding that second show cause having been issued before cancellation, there was no procedural impropriety. The appeal was dismissed by order 9.12.2009 (Annexure-5). Hence the petitioner has come to this Court.

(2.) Mr. Ramesh Agrawal, learned counsel appearing for the petitioner raises a short issue. Referring to Clause 7 of the Bihar Fair Price Shop Dealer (sicOrder?), 2007, he points out that both in respect of suspension and for cancellation, show cause is required. A hearing has to be given. The admitted fact, in the present case, is that there was show cause only for suspension. There was no show cause for cancellation, yet cancellation was ordered.

(3.) Learned Collector, in appeal, failed to appreciate this simple short issue. I may also observe that Collector is an appellate authority, who has to re-decide the fact and issue. His jurisdiction is of First Appeal Court and not a revisional jurisdiction as he thinks it is. The Apex Court in the case of S.L. Kapoor V/s. Jagmohan, 1981 AIR(SC) 136 categorically laid down that a show cause was for a particular purpose and cause has been shown for that purpose in those proceedings and order different to those for which it was initiated cannot be passed. Here show cause being suspension the only action that could be taken by the licensing authority was to suspend the licence. He could not have proceeded to cancel the same.