Ramesh Kumar Tanti v. The State of Bihar
Case brief
What is this about?
BTPDS Control Order 2016 Rule 27(ii); show cause notice must state proposal for cancellation of licence; Patna High Court Full Bench CWJC No. 21202 of 2021 followed; second round litigation; Sub-Divisional Officer-cum-Licensing Authority Simri Bakhtiyarpur, Saharsa; order dated 26.05.2025 set aside; remand for fresh show-cause notice with enquiry report, reasonable time, proposed punishment, hearing, reasoned order, eight weeks; Ramesh Kumar Tanti v. State of Bihar, Department of Food and Consumer Protection; CWJC 11971 of 2025; Justice A. Abhishek Reddy.
What did the court decide?
Writ petition allowed to the extent indicated: impugned order dated 26.05.2025 of the Sub-Divisional Officer set aside; matter remanded to the Sub-Divisional Officer (Respondent No. 3) for a fresh show-cause notice strictly in compliance with Rule 27(ii) of the Control Order, 2016, furnishing a copy of the enquiry report therewith, calling for explanation within reasonable time, specifying the proposed punishment, affording an opportunity of hearing, and culminating in a reasoned order, the entire exercise to be completed preferably within eight weeks and communicated to the petitioner.