Ram Ashrey Vs State of U.P. and 2 Others — Allahabad HC (2020) — LawSathi Research

Ram Ashrey Vs State of U.P. and 2 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: (i) petitioner to file reply with stock and distribution registers within two weeks; (ii) SDM, Tehsil Mehdawal, District Sant Kabir Nagar to examine the documents and explanation and grant opportunity to cross examine the complainants; (iii) disciplinary authority to hold proper enquiry per the government order and pass a reasoned and speaking order after hearing within two months. Effect and operation of the suspension order dated 23.5.2020 stayed for two months; supply to petitioner's shop restored forthwith; protection subject to final order of the competent authority.

Issue for consideration

Whether the suspension order of the petitioner's fair price shop licence, said to be founded on a malafide complaint, warrants interference by this Court. +1 more

Court's answer

This Court does not find justification to entertain the present petition, but disposes of it with directions in order to bring the controversy to its logical end.

Ratio / Principle

Direction: the petitioner shall file his reply alongwith the entire record, i.e. stock and distribution register, within two weeks.

Key takeaways

Direction: respondent no.2, the Sub Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar, shall examine the document and explanation filed by the petitioner and grant him opportunity to cross examine the complainants.ratio¶11
Direction: the disciplinary authority (Sub Divisional Magistrate) is under obligation to initiate a proper enquiry strictly in accordance with the government order issued for the purpose and to pass a reasoned and speaking order after giving due opportunity of hearing to the petitioner and all other concerned, within two months from filing of the certified copy of this order.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi, J.) disposed of a writ petition (WRIT - C No. 10322 of 2020, decided 24.6.2020) challenging the suspension of the petitioner's fair price shop licence by order dated 23.5.2020 of the Sub Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar, founded on card holders' complaints of non-supply and overcharging, which the petitioner alleged to be malafide and vague. Observing that the charges were vague and not specific and that there was no justification to entertain the petition, the Court nonetheless directed: (i) filing of reply with stock and distribution registers within two weeks; (ii) examination of the documents and explanation by the SDM with opportunity to cross examine the complainants; and (iii) a proper enquiry by the disciplinary authority strictly per the government order, culminating in a reasoned and speaking order after hearing, within two months. The effect and operation of the suspension order was stayed for two months, supply to the shop restored forthwith, and the protection made subject to the competent authority's final order.

Court No. - 71

Case :- WRIT - C No. - 10322 of 2020

Petitioner :- Ram Ashrey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C.

Hon'ble Mahesh Chandra Tripathi,J.

Heard Sri Satyawan Shahi, learned counsel for the petitioner and Sri Devesh Vikram, learned Standing Counsel for respondents.

The suspension order of the fair price shop licence of the petitioner is under challenge on the ground that the complaint is malafide.

A perusal of the suspension order indicates that joint statement of several card holders has been recorded regarding non-supply of scheduled commodities and distribution thereof at a higher rate than what has been prescribed.

The charges mentioned in the suspension order are vague and not specific.

In view of the above, though this Court does not find justification to entertain the present petition, however, in order to bring the controversy to its logical end, the present petition is being disposed of with the following direction;-

The petitioner shall file his reply alongwith the entire record i.e. stock and distribution register within a period of two weeks from today.

In case such a reply is filed, the respondent no.2 namely the Sub Divisional Magistrate, Tehsil Mehdawal, District Sant Kabir Nagar shall examine the document filed by the petitioner and the explanation offered by him thereof and grant him opportunity to cross examine the complainants.

The disciplinary authority namely the Sub Divisional Magistrate is under obligation to initiate a proper enquiry strictly in accordance of the government order issued for the purpose and pass a reasoned and speaking order after giving due opportunity of hearing to the petitioner and all other concerned within a period of two months from the date of filing of the certified copy of this order.

For a period of two months from today, the effect and operation of the suspension order dated 23.5.2020 passed by the respondent no.2 shall remain stayed. The supply to the petitioner's shop shall be restored forthwith.

The protection granted by this Court shall be subject to the final order passed by the competent authority.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 24.6.2020 RKP