JITENDRA PASWAN Vs. COMMISSIONER DARBHANGA

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 2.11.2010 passed in Case No. 1/2010-11, whereby the Commissioner, Darbhanga Division, Darbhanga dismissed the revision application as not maintainable. The petitioner also prays for quashing the order dated 28.7.2009 passed in Supply Case No. 85/08-09 whereby the District Magistrate, Madhubani affirmed the order of cancellation of P.D.S. licence of the petitioner.

(2.) The petitioner states that the licensing officer ought not to have cancelled the petitioner's licence on the directives of District Level Selection Committee. The licensing authority ought to have given independent consideration to the issue and could have passed the order on one way or the other. The petitioner is a P.D.S. dealer bearing licence no. 3/92 under Narhri Gram Panchayat, Block-Khutauna in the district of Madhubani. The licensing authority issued show cause on 28.5.2007 as to why further steps be not taken against him as he had misbehaved with the women consumer and have committed illegality in distribution of Kerosene Oil as well. The show cause filed by the petitioner on 31.5.2007 was not found satisfactory and the S.D.O., Phulparas (the licensing authority) suspended the licence and issued show cause as to why his licence be not cancelled vide memo dated 16.8.2007 contained in Annexure-3. The petitioner denied the charges in his reply dated 22.8.2007. On the directives of the District Selection Committee headed by the District Magistrate, the licensing officer cancelled the licence vide memo no.483 dated 1.11.2008.

(3.) The issue is whether the licensing authority should have cancelled the licence on the directives of District Selection Committee. Clause 7 of the Public Distribution System (Control) Order, 2001 notified in 2007 deals with suspension and cancellation of licence. Both the authority of licensing officer to suspend or cancel the licence and the functions of the District Selection Committee are well defined. Sub-clauses (ii), (iv) and (v) of Clause 7 of the Public Distribution System (Control) Order, 2001 is quoted hereinbelow: '7. Suspension and Cancellation of the Licence.(ii) If any licensee contravenes the provision, terms of the licence, duties responsibilities and order of the State Government then the Licensing Authority shall suspend/cancelled the licence by a written order; (iv) It shall be necessary to ask show cause by the Licensing Authority to licensee before suspending licence. Licensee will be given a reasonable opportunity stating his case against the proposed cancellation; (v) Suspension of licence shall be for a maximum period of ninety days. In the meantime records relating to suspension of licence should be sent to the District Level Selection Committee within a fortnight from the date of suspension of licence. The Selection Committee after due enquiry shall recommend for revocation of suspension the Licensing Authority shall act accordingly."