PRAMOD KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 28.08.2015 cancelling the Fair Price Shop license of the petitioner, the present writ petition has been filed.

(2.) Challenging the impugned order dated 28.08.2015 as absolutely vague and nonspeaking, the learned counsel for the petitioner submits that without considering the reply of the petitioner to the showcause notice dated 29.07.2015, the PDS license has been cancelled. It is contended that the impugned order is based on mere allegation without any proof of involvement of the petitioner in blackmarketing of kerosene oil and therefore, the impugned order dated 28.08.2015 is liable to be quashed.

(3.) Percontra, Mr. Atanu Banerjee, the learned G.A. submits that no legal right is vested in the petitioner to claim continuance of PDS license, forever. After conducting an enquiry when discrepancies in the stock of kerosene oil was found, a showcause notice was issued to the petitioner, and after considering reply to the showcause notice, the license has been cancelled, and thus, the rules of natural justice have been followed. It is contended that no prejudice has been caused to the petitioner. It is further submitted that the present writ petition is not maintainable and it is liable to be dismissed on the ground of availability of alternative remedy of appeal before the Deputy Commissioner.