DURGA HOMOEO HALL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ application is to Memo No. 227 dated 29.07.2015 issued by the respondent no. 2 by which the license of the petitioner to run the homoeopathic shop in question has been cancelled.

(3.) Learned counsel for the petitioner submits that from the plain reading of the impugned order, it is clear that there is only a wild allegation that the petitioner was selling medicines containing high level of alcohol which was in violation of the relevant provisions of law. It is submitted that prior to the same a notice dated 25.07.2015 was issued to the petitioner which was equally vague as there was no supporting material either with regard to any seizure made from his shop or any complaint received of any person and further the show cause which was dated 25.07.2015 was received by the petitioner only on 29.07.2015 whereas the impugned order of termination is also dated 29.07.2015. It is submitted that it is a blatant and flagrant violation not only of the principles of natural justice but also of the arbitrariness on the part of the respondent no. 2. It is submitted that the law with regard to show cause is settled and the authority which issued show cause has to ensure that the same is meaningful inasmuch as there has to be a specific case of the authority against the person noticed which has to be clearly spelt out in the show cause so that the person who is obliged to give his reply is in a position to be aware of the allegations against him and then give any explanation he may be having.