Disposed

Uday Bhan Singh v. the State of Bihar and Ors.

Patna HC4 Sept 2012CWJC/3779/2012

Case brief

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What is this about?

The writ petitioner challenged the suspension of his P.D.S. licence made without issuing a charge-sheet or allowing a show-cause reply. The High Court held the procedure violated natural justice and directed the Licensing Authority to issue charges based on inquiry reports and allow a reply within three months.

What did the court decide?

The petitioner is directed to appear before the Licensing Authority which shall serve a charge-sheet and provide an opportunity to submit a reply within three months.

Uday Bhan Singh Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3779 of 2012

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====================================================== Uday Bhan Singh Son Of Late Kanchan Singh Dealer, Under Public Distribution System, Panchayat - Dhankutwa, Block - Sikta, District- West Champaran, Resident Of Village- Dhankutwa, P.S.- Balthar, District- West Champaran .... .... Petitioner Versus 1. The State Of Bihar 2. The Sub-Divisional Officer, Narkatiaganj, West Champaran 3. The Block Supply Officer, Sikta, West Champaran .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Umesh Lal Verma, Advocate. For the Respondents : Mr. Nilu Agrawal, G.A. 6. Mr. J.K. Sinha, A.C. to G.A. 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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2 04-09-2012 Heard learned counsel for the petitioner and the State. 2. Petitioner is a P.D.S. licensee. His licence has been suspended by the Licensing Authority under Memo No. 381 dated 8.6.2010, Annexure-1 which is impugned in this application. It is submitted on behalf of the petitioner that suspension of the P.D.S. licence of the petitioner was preceded by an inquiry report, contents whereof was disputed by the petitioner, whereafter another inquiry was made and report submitted in which petitioner was not found guilty of the allegations. The Licensing Authority relying on the earlier inquiry report suspended the licence of the petitioner under the impugned order.

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In the light of the two inquiry reports memo of

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Patna High Court CWJC No.3779 of 2012 (2) dt.04-09-2012

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charge was required to have been drawn and served on the petitioner asking him to submit show-cause reply and in the light of the reply given by the petitioner appropriate order should have been passed in the matter but only on the basis of two fact finding inquiry made behind the back of the petitioner his licence cannot remain suspended for an indefinite period.

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In the circumstances, I direct the petitioner to appear before the Licensing Authority who should serve chargesheet drawn on the basis of the findings recorded in the two inquiry report with opportunity to the petitioner to refute the charges by filing show-cause reply to the charges, cause shown by the petitioner be considered in accordance with law within reasonable time not exceeding three months from the date of receipt/production of a copy of this order before the Licensing Authority.

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The writ petition is, accordingly, disposed of.

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(V.N. Sinha, J)

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P.K.P.

Uday Bhan Singh v. the State of Bihar and Ors.

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Uday Bhan Singh v. the State of Bihar and Ors.

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