RAMSHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 12-10-2002 passed by the Sub-Divisional Officer, Chakia, whereby the petitioner's appointment as dealer under the Public Distribution System, has been cancelled.

(2.) Short facts giving rise to the present application are that the petitioner holds a licence under the provision of Bihar Trade Articles (Licences Unification) Order, 1984, hereinafter referred to as the 'Unification Order'. He was also appointed as the dealer under the Public Distribution System, hereinafter referred to as 'PDS'. On the allegation of misappropriation of grains meant for the people, covered under the Annapurna Yojna, his appointment (Anugyapti) under the PDS has been cancelled.

(3.) Mr. Yogesh Chandra Verma, appearing on behalf of the petitioner submits that the impugned order in sum and substance cancels the petitioner's licence under the Unification Order and the same having been done at the instance of the Collector, the order is vitiated on that ground alone. He further submits that the licence granted under the Unification Order cannot be cancelled without giving show cause notice to the petitioner. It is averred that no such show cause notice was given to the petitioner.