SHANKAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 28.6.2011 issued by the Sub-Divisional Officer, Bundu, Ranchi, communicated by the Block Supply Officer, Sonahatu, District Ranchi, whereby the petitioner's P.D.S. Licence has been put under suspension on the ground of pendency of the enquiry. Learned counsel appearing on behalf of the petitioner submitted that even after lapse of more than a year, the suspension has not been revoked by the respondents. He submitted that Clause-11 of the Bihar Trade Articles (Licenses Unification) Order, 1984 clearly provides that the licence can be put under suspension only for an interim period of 90 days and not beyond that. But in the instant case, the said provision of law has been ignored by the concerned authority and no order of revocation has been passed till date.

(2.) The respondents have contested this writ petition by filing a counter affidavit. It has been stated, inter-alia, that several complaints were received against the petitioner which were enquired into. On the basis of the enquiry report the impugned order of suspension was issued.

(3.) Learned counsel for the petitioner submitted that the entire allegation against the petitioner is wholly false and frivolous and from the record it would be evident that the allegation was against somebody else and not against the petitioner. There was no valid ground for suspension of the petitioner's licence. The petitioner has become a victim of malicious attitude of some of the interested officials of the Department.