MAHENDRA KUMAR SAW Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 24.06.2019 as contained under Memo No.1313 passed by the Deputy Commissioner, Dhanbad, in pursuance to the order passed in W.P.(C) No.6480 of 2016, whereby and whereunder the cancellation of explosive license has been upheld by assigning the reason that the charges levelled against the petitioner have been found to be not proved.

(2.) It is the case of the petitioner that the explosive license was issued under the provision of Explosive Regulation, 2008 but the same has been cancelled which was the subject of challenge before this Court by way of W.P.(C) No.6480 of 2016 and this Court while disposing of the writ petition vide order dated 11.10.2018 has passed an order upon the respondent no.3 to the said writ petition to pass a reasoned order under Section 115 of the Rules, 2008 after giving specific show cause notice and reasonable opportunity to the petitioner to explain the allegations levelled against him. The decision has been taken on 24.06.2019 after serving show cause, reflecting irregularity has been alleged to have been committed by the petitioner which has duly been responded by him but without its consideration, the charges have been found to be proved and thereby, cancellation of no objection certificate has been found to be justifiable.

(3.) Mr. Lukesh Kumar, learned counsel appearing for the petitioner has challenged the said order mainly on the ground that the exhaustive reply has been submitted denying the allegation/irregularity but without any consideration thereof, the impugned decision has taken and as such, this order is sustainable in the eye of Law.