Rama Kant Prasad vs State Of U.P. And 2 Others
2018 Latest Caselaw 366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 16235 of 2018
 

 
Petitioner :- Rama Kant Prasad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Juned Alam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

The sole contention of Shri Juned Alam, learned counsel for the petitioner is that a show cause notice was issued to the petitioner on 18.1.2014 alleging certain irregularities in the distribution of essential commodities and discrepancies in the documentations. The order of termination which is impugned in the writ petition dated 17.3.2018 relies upon a report dated 15.8.2017 which is adverse to the petitioner. The submission is two fold. The order cancelling the licence has travelled beyond the show cause notice. Further, an adverse material in the nature of the report on 15.2.2017 was not supplied to the petitioner before the order of termination was passed. Consequently, the petitioner could not tender his defence against the aforesaid report and the same report was relied upon to terminate the licence of the petitioner. The principles of justice have been violated on the face on the record.

Shri Sanjay Ram Tripathi, learned Standing Counsel shall obtain instruction in the matter within one week.

Put up this case as fresh on 14.5.2018.

Order Date :- 4.5.2018

Ashish Tripathi