BASANT KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE grievance of the petitioner is that by an order dated 1.2.2012 contained in memo no. 01(Annexure -5) the Licensing Authority cum Sub -Divisional Officer, Dhanbad has cancelled the P.D.S. License of the petitioner bearing License No. 5/Ch/90.

(3.) Learned counsel for the respondent - State has submitted that petitioner has been issued show cause notice on the basis of inspection carried out by a team constituted by the Deputy Commissioner, Dhanbad. He was found to have committed various irregularities which were in contravention of clause 3(ka) sub sections 1,2,3,4 and 11 of the provisions of the License Act/Rule. It is further submitted that during the course of inquiry from the card holders it was noticed that although 2 litres of Kerosene Oil was distributed amongst the cardholders per month for which earlier Rs. 26/ - was being paid but for the last 3 to 4 months petitioner was realizing Rs. 30/ - as the cost of 2 litres. It is further stated in the counter affidavit that in the inquiry report it is clear that on verification of stock and sale register of Kerosene Oil, it was noticed that petitioner had lifted 1000 litres on 3.8.2011, 400 litres on 23.8.2011 and 265 litres on 28.8.2011. Thereafter, the distribution register shows that average distribution was amongst 150 cardholders per day. On the date of inquiry i.e. 27.8.2011 the closing stock was written as 'nil'. Therefore, the allegation of the petitioner that he was not asked to produce any evidence is not correct. Such manner of distribution was found to be not proper by the inquiry committee and, therefore, he was issued show cause notice. After consideration of his reply, it was found unsatisfactory and accordingly, his PDS license was cancelled.