SHIVSHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State.

(2.) PETITIONER challenges Annexure 9 in which extract of the order dated 17.2.1992 stands incorporated. However, a copy of the detailed order dated 17.2.1992 has been produced by the State at the time of hearing.

(3.) I find force in the submission raised on behalf of the petitioner. Show cause notice has appended as Annexure 3 which discloses that some persons have complained that petitioner was not selling kerosene oil to them. It is the only allegation against the petitioner disclosed in the show cause notice. The detail of such complaints having made against the petitioner including their names etc. does not stand incorporated in the show cause notice, thus, on that count also show cause notice also appears to be vague. That apart, it appears the allegation is that the charge against the petitioner upon which final order has been passed is regarding illegal sale and non -maintenance of register etc. which has been dealt with in detailed order dated 17.2.1992 passed by the authority concerned a copy of which has been produced today for perusal.