The High Court set aside the orders terminating the petitioner's license and awarding a disproportionate penalty. The court reinstated the petitioner as a fair price shop dealer, clarifying that authorities retain the power to investigate specific charges of malpractice.
The petitioner shall be reinstated as fair price shop dealer forthwith.
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Court No. - 18
Case :- WRIT - C No. - 57745 of 2017 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeepta Kumar Shahi,Birendra Singh Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Ajay Bhanot,J.
Heard Sri Pradeepta Kumar Shahi, learned counsel for the
petitioner and learned Standing Counsel for the respondents.
The solitary charge laid out in the show cause notice dated 13.04.2012 on which the proceedings for termination of the license of the petitioner were set on foot was that the shop of the petitioner was closed and he was not present at
the shop premises on the date of the shop inspection conducted on 09.04.2012.
The impugned order of termination of license of the petitioner dated 23.04.2016 has imposed a penalty which is strikingly disproportionate to the charge against the petitioner. The punishment or act of termination of the license is perverse in the facts of this case.
The constitutional courts have set their face against imposition of penalties which are disproportionate to the offences the noticee is charged with. Further the impugned
order has travelled beyond the show cause notice by
investigating charges on which the petitioner was never noticed.
The appellate authority failed to redeem the illegality committed by the licensing authority and affirmed its judgment in the order dated 23.04.2016.
The orders dated 09.12.2014 and 23.04.2016 are liable to be set aside and are set aside.
The petitioner shall be reinstated as fair price shop dealer forthwith.
It is clarified that it is open to the authorities to investigate
any specific charges of malpractices in the distribution of commodities against the petitioner.
The writ petition is allowed.
Order Date :- 6.10.2021 Pravin
1 issue framed by the court
Whether the termination of the petitioner's license and imposition of disproportionate penalty should be set aside.
Raj Kumar
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
