MUKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, In this writ petition, has prayed for quashing the order dated 27.9.2007 whereby the petitioner's P.D.S. licence has been cancelled without giving him proper opportunity of filing a show-cause.

(2.) According to the petitioner show-cause notice dated 18.9.2007 was issued to him giving him time till 21.9.2007 for filing his show cause reply. It has been submitted that he has received the said letter dated 18.9.2007 on 21.9.2007. He immediately rushed to the authorities and filed an application for granting at least two days' time, as the notice was served on that day itself. But without paying any heed on the said prayer the Sub-Divisional Officer-cum-Rationing Officer, Godda passed the order canceling the licence of the petitioner's P.D.S. It has been submitted that as per the prescribed Rules at least fifteen days clear time should be given for filing show-cause reply and before taking any such decision, but the said authority has violated the Rules and has acted against the principle of natural justice by not giving any opportunity to file show-cause reply. The said order Is arbitrary, discriminatory and Illegal.

(3.) The State-respondent has contested the petitioner's prayer. In the counter affidavit the said facts have not been denied. However, it has been stated that notice dated 18.9.2007 was served on the petitioner and proper opportunity was given to him. There is no violation of any Rules and principle of natural justice.