SHEODHARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 4/10/2017 passed by the Sub-Divisional Officer, Sadar Gaya, whereby and where-under the P.D.S. license of the shop of the petitioner bearing license no. 52/07 has been cancelled as also for quashing the order dtd. 16/7/2019 passed by the District Magistrate, Gaya in Supply Appeal No. 14/19, whereby and where-under the appeal of the petitioner has been dismissed and the order passed by the Sub-Divisional Officer, Sadar Gaya dtd. 4/10/2017 has been upheld.

(2.) The brief facts of the case are that pursuant to an inspection held at the P.D.S. shop of the petitioner on 8/6/2017 at about 11.45 AM, various irregularities were found including non-supply of food- grains to the consumers since the past one year, apart from the shop of the petitioner having been found to be closed and the petitioner being not present there.

(3.) It appears that an enquiry report was submitted by the Enquiry Officer to the Sub-Divisional Officer, Sadar Gaya on 8/6/2017, where-after an FIR bearing Fatehpur P.S. Case No. 187/17 was lodged against the petitioner on 12/6/2017 under Sec. 420 of the Indian Penal Code and Sec. 7 of the EC Act. The petitioner is stated to have been granted anticipatory bail by the Hon'ble Patna High Court vide order dtd. 5/4/2018 passed in Cr. Misc. No. 9312 of 2018.