YOGENDRA PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State and have perused the records of this case. Petitioner seeks quashing of the order dated 10.12.2003 contained in Annexure -5 passed by the Sub -Divisional Officer -cum -Licensing Authority, Bagaha, by which his licence No. 68 of 1985 granted under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as "Unification Order") has been cancelled.

(2.) THE petitioner also assailed the order dated 24.8.2004 passed by the Collector, West Champaran, Bettiah, by which the appellate authority has dismissed the appeal and upheld the order passed by the licensing authority.

(3.) IT is submitted that, vide Annexure -1 dated 11.9.2003, a show -cause notice was issued against the petitioner for explaining the charges contained in the notice in a proceeding in contemplation of suspension of the licence under Clause 11(1) of the Unification Order. Thereafter, the licence was suspended vide Annexure -2, however, again he was directed to come up with all the required registers etc. otherwise it was stated that his licence would be cancelled. Thereafter, the petitioner appeared and submitted a reply. However, his licence was cancelled on consideration of same set of charges. It is submitted that the subsequent imposition of the punishment would not be sustainable in law as a person cannot be punished twice for the same set of charges.