ASHOK RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) UPON the matter being called out, learned counsels for the parties are present. They have offered their submissions.

(2.) THE petitioner has questioned the legality and validity of the order contained in memo no. 57 dated 8.2.2006 passed by the Sub -divisional officer, Bagaha, West Champaran, respondent no.3, whereby, licence no.3 of 1996 given to the petitioner under the Public Distribution System for Fair Price Shop in terms of the provisions of the Bihar Trade Articles (Licences Unification, Order, 1984 (the Unification Order) issued under the Essential Commodities Act, 1955, came to be suspended which as per the contention of the petitioner is against the provision of law and without jurisdiction.

(3.) AT this stage, let there be a reference to the provisions of Clause 11 of the said Unification Order of the Government which read herein as under: "11. Suspension and cancellation of Licence: -(1) If any licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, then without prejudice to any other action that may be taken against him under the Essential Commodities act, 1955 (Central Act 10 of 1955) his licence may be cancelled or suspended with regard to one or more trade articles by an order in writing of the Licensing Authority and an entry will be made in his licence relating to such suspension or cancellation. (2) No order of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity stating his case against the proposed cancellation but during the pendency or in contemplation of proceedings of cancellation of licence, the licence can be suspended for a period not exceeding 90 days without giving any opportunity to the licensee of stating his case. Such suspension shall be limited only to those trade articles regarding which contravention has been made by the licensee." It becomes manifest and evident that in an exceptional case for temporary period of 90 days without observing the due process of law and principle of natural justice the action as contemplated for suspension is provided in Clause 11 (2) only, but for cancellation of the Fair Price Shop Licence against the licencee under Clause 11 (1) & (2) of the said Unification Order such procedure is obligatory.