GOBARDHAN SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioner and the State.

(2.) Petitioner has assailed the Appellate order passed by the Deputy Commissioner, Gumla in Misc. Appeal No. 12/2010-11 bearing Memo No. 757 dated 01.11.2012 (Annexure-7) where under, the order of cancellation of his PDS Licence No. 06/90 in respect of Fair Price Shop at village and block Kamdara in the district of Gumla by the Sub Divisional Officer, Gumla vide order contained at Annexure-3 bearing Memo No. 115 dated 06.05.2010, has been upheld and the appeal has been rejected.

(3.) Following irregularities were noticed on inspection of PDS shop, upon which the petitioner was asked to respond by show-cause dated 13.03.2010 inter-alia that, (i) petitioner had not distributed the food grains lifted in the month of Jan. 2010 under Antyodaya and BPL Scheme, (ii) he had also not distributed the quota of sugar for the month of Sept. and Oct. 2009, (iii) the store register was also not properly maintained, (iv) the list of beneficiaries under BPL and Antyodaya Scheme were not duly exhibited in front of the shop, (v) the store and price table were also not available on the date of inspection and (vi) the petitioner had not produced the register relating to distribution of sugar for the month of Jan. 2010. Petitioner submitted his reply vide Annexure-2 taking the plea of illness for non-distribution of the food grains in the month of Jan. 2010. He claimed that the food grains were distributed later on after receiving letter dated 193 dated 15.03.2010 of the Circle Officer, Kamdara. In respect of the second charges, it is stated that he had produced the sale register to the concerned officer relating to the distribution of sugar; he has accepted that on account of fear, he could not produce the store register at the time of inspection. He further stated that the list of BPL and Antyodaya Scheme beneficiaries were exhibited within the shop. In respect of charge no. v, it is stated that store and price list indicated on the table in front of the shop were mischievously wiped out by some children.