AWADH KISHORE RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) Petitioner seeks quashing of Annexure-3 which is an order dated 06.05.2009 passed by the Sub-Divisional Officer-cum-licensing authority, Khagaria as well as the appellate order passed in Supply Appeal No. 13/09-10 dated 26.09.2012 (Annexure-2) and the revisional order passed in Supply Revision No. 51/2013 dated 07.12.2013 (Annexure-1). Vide Annexure-3, the licence of the petitioner has been cancelled.

(3.) Petitioner applied for grant of leave as he was unable to run PDS shop in view of having developed serious ailment, namely, Hepatitis B. Vide Annexure-4, three months leave was granted to the petitioner and his unit was attached with another PDS dealer so that people of the locality do not suffer. However, when the petitioner did not return even after three months, a show cause notice was issued to report within 24 hours as to why his licence should not be cancelled. The petitioner filed his reply and, thereafter, the petitioner again filed application for extension of leave vide Annexure-7. It stands stated therein that he has not become fit to join the work and he is still under treatment. Though the date has not been given in the Annexure-7 but it appears from the endorsement that the same was received on 09.04.2009 by the authority concerned, i.e., after the issuance of the show cause notice. However, the petitioner's licence has been cancelled.