AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and learned
counsel for the State.
In this case, the petitioner is challenging the order of
the Sub-Divisional Officer, Gogari, dated 03.12.2016, by which the
P.D.S. licence of the petitioner has been cancelled.
The petitioner is running a P.D.S. shop having licence
No.61B/2007, upon inspection it was found that the petitioner was
not running the P.D.S. shop. A show cause notice was served upon
the petitioner, which was replied by him. Whereafter, the Sub-
Divisional Officer, has passed the order dated 03.12.2016, thereby
cancelled the licence of the petitioner.
From a perusal of the order of the Sub-Divisional
Officer, it appears that he has not applied his judicial mind and by a
perfunctory and cryptic order cancelled the licence of the petitioner.
The Sub-Divisional Officer, while exercising the quasi judicial
function must assign the reason for arriving to a finding as the
reason is a living link between decision and decision maker.
Reference can be made to the decision of the
Hon''ble Supreme Court in the case of Chairman and Managing
Director, United Commercial Bank & Ors. vs. P.C. Kakkar,
reported in (2003) 4 SCC, 364.
In such view of the matter, the order dated 03.12.2016
passed by the Sub-Divisional Officer, Gogari, Khagaria, is set
aside. The matter is remanded back to the Sub-Divisional Officer,
Gogari, Khagaria, to pass a fresh reasoned order after serving the
copy of the inquiry report upon the petitioner and after given proper
hearing to the petitioner. The petitioner, if so like, may file
additional show cause, which will be considered by the Sub-
Divisional Officer.
With the aforesaid observations and directions, this
writ application is disposed of.