JAI PRAKASH THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner's PDS licence bearing No.01/1986 for Panchayat Pindrahat, Block Poraiyahat, District Godda was cancelled by order dated 23rd August, 2008 passed by respondent no.4 ­ Sub -Divisional Officer, Godda and affirmed by order dated 21 st January, 2013 passed in Misc. Appeal No.26 of 2008 -09 by the Deputy Commissioner, Godda (Annexure -1 and 2 respectively) (impugned herein).

(2.) The order of cancellation of PDS licence was based upon an inquiry conducted by the In -charge Block Supply Officer, Poraiyahat on the complaints of several persons said to be card -holders of the petitioner's PDS shop and also on the basis of inspection undertaken on the PDS shop of the petitioner on 27.7.2008. Petitioner was served with a show -cause and after consideration of his reply the impugned order was passed by the Sub - Divisional Officer, Godda who also directed institution of an F.I.R. bearing Poraiyahat P.S. Case No.160 of 2008 under Section 7 of the Essential Commodities Act.

(3.) The appellate authority also affirmed the order of cancellation by the impugned order at Annexure -2 on the basis of the allegations related to irregular supply of food articles to the beneficiaries card -holders under 'Antyodaya Scheme' and less supply of kerosene oil than prescribed. He also relied upon the inquiry report of the In -charge Block Supply Officer and the inspection report prepared after inspecting the petitioner's PDS shop on 27th July, 2008 at 10:35 A.M. when it was found closed. The appellate authority also took note of the fact that an F.I.R. has been instituted on the basis of the material evidence found during inquiry against the petitioner. He also observed that release of petitioner on bail would not amount to exoneration from the serious charges levelled against him. Cancellation of petitioner's PDS licence for the charges of irregularity, black -marketing and violation of the provisions of the Bihar Trade Articles (Licencing) Unification Order, 1984 was upheld.