Remanded

Jaiprakash v. State of U.P. and 2 Others

Allahabad HC1 Oct 2020WRIC/15081/2020

Case brief

AI extract

What is this about?

Petitioner challenged the suspension of their fair price shop licence. Court stayed suspension, ordered restoration of supply, and directed competent authority to conduct a proper inquiry with an opportunity of hearing within two months.

What did the court decide?

Stayed suspension order for two months; restored supply; directed Sub Divisional Magistrate to conduct proper enquiry with hearing within two months.

Jaiprakash Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 9

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Case :- WRIT - C No. - 15081 of 2020

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Petitioner :- Jaiprakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- C.S.C.

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Hon'ble Anjani Kumar Mishra,J.

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Heard Sri Vishal Tandon, learned counsel for the petitioner and learned Standing Counsel for respondents.

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

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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.

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

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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:-

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

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

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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.

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For a period of two months from today, the effect and operation of the suspension order dated 31.07.2020 passed by the respondent no.2 shall remain stayed. The supply to the petitioner's shop shall be restored forthwith.

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

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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.

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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.

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Order Date :- 1.10.2020 AKT

Jaiprakash v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jaiprakash v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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