MAHESH SINGH Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order as contained in Memo No. 170 dated 06.02.2016 (Annexure-1 to the writ petition) passed by the respondent No. 3 whereby the petitioner's P.D.S license being No. 04/2008 has been cancelled.

(2.) The petitioner has contended in the writ petition that initially in the year 2013, he was issued a show cause notice by the respondent No. 3 for the alleged violation of the terms and conditions of the PDS license and the same was also suspended. Subsequently, the said matter was dropped and the petitioner was allowed to run the PDS shop. However, vide the impugned order dated 06.02016, the PDS license of the petitioner has cancelled without issuing any show cause notice or affording any opportunity of hearing to him. The said unilateral decision taken by the respondent No. 3 is in violation of the principles of natural justice.

(3.) A counter affidavit has been filed on behalf of the respondents wherein it has been averred that earlier also the Mukhiya of the village had lodged a written complaint against the petitioner alleging that in spite of lifting the food grains, he did not distribute the same to the beneficiaries. The PDS license of the petitioner was suspended and an explanation was called from him vide Memo No. 357 dated 05.08.2013, however, on the basis of the subsequent report of the Block Supply Officer, Chhattarpur, the respondent No. 3 released the petitioner's PDS license from suspension with strict warning to run the PDS shop with full devotion and in terms with the rules and instructions of the government. However, the petitioner repeated the said irregularity and the Block Development Officer as well as the Block Supply Officer, Chhattarpur submitted an enquiry report, which disclosed that though the petitioner lifted the food grains for October, 2015 and November, 2015, yet he did not distribute the food grains for November, 2015 to the beneficiaries. In the said enquiry, the statements of some of the card holders were also recorded. On the basis of the enquiry report, the respondent No. 3 decided not to continue the PDS license of the petitioner and accordingly the same was ordered to be cancelled. It has also been averred that since the petitioner repeated the same irregularity for which he was warned earlier, there was no need to seek explanation or to provide any opportunity of hearing so as to meet the requirement of the principles of natural justice, as the same would have amounted to unnatural extension of opportunity to a person who has been in the habit of violating the government orders.