HAMID ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner, who was a PDS licensee bearing no.10/1988 for running a fair price shop at village Khukhra, P.S. Burmu, P.O. Barawdi, District Ranchi on falling seriously ill and after undergoing treatment at Apollo Hospital, Irba for several months, made an application as per Annexure-2 on 6th Aug., 2009 before the respondent No. 2- Sub Divisional Officer, Sadar, Ranchi for being relieved of the responsibility of the fair price shop for a period of two months on account of his ill health. The application at Annexure-2 also refers to his treatment being undertaken for his heart ailment at Apollo Hospital at Irba due to which he wanted himself to be relieved of the responsibility of running the fair price shop for few months. However, according to him, the respondents have acted upon an alleged resignation letter said to have been submitted by him on 17th Aug., 2009 (Annexure-A to the counter affidavit) and relieved him from the PDS shop in question which has been tagged with the PDS shop being run by another licensee Chunnu Lal Mahto bearing no.76/1984 vide impugned order (Annexure-3) bearing memo No. 340 dated 20th Aug., 2009 issued by the respondent No.2. Petitioner has, therefore, approached this Court alleging that acceptance of alleged letter of resignation by the respondent no.2 should be declared nullity in the eye of law as the same appears to be a forged document. The respondents have also not verified the matter before proceeding to act on the purported resignation letter. It is submitted that during course of the verification conducted by respondent No.3, petitioner had been made to sign on a blank paper which has been converted as a resignation letter. Petitioner would not have purchased the food grains, if he was not interested in running the PDS shop because of his ill health.

(3.) Counsel for the respondents-State has filed a counter affidavit and supported the impugned order. He reiterates the stand of the respondents as contained in the impugned order at Annexure-3. It is submitted that the Sub-Divisional Officer, Ranchi, after due recommendation of the respondent no.3 - Block Supply Officer, Burmu, has rightly accepted the resignation of the petitioner on account of his recurring ill health and the treatment being undertaken for his heart ailment at Apollo Hospital which could have affected the running of the fair price shop itself. The fair price shop was tagged with another PDS licensee Chunnu Lal Mahto. The allegation of forgery in the resignation application has been categorically denied at paragraph-4 of the counter affidavit.