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Judgment
Gita Mittal, J.—The petitioner has contended that aggrieved by the order dated 4th January, 2008 which was in the nature of a suspension order cum show cause notice issued by the Assistant Commissioner (North-West) of the Food and Supplies Department, the petitioner had filed an appeal. The same was rejected on 4th January, 2008 by the Commissioner, Food & Supplies of the Govt. of NCT of Delhi.
This writ petition has been filed by the petitioner assailing the order dated 16th January, 2008.
It is submitted before this Court that there was no warrant for directing suspension of the licence of the petitioner. In addition, it is being submitted that the notice to show cause is rendered meaningless inasmuch as the respondents have effected seizure of all records whereby he was being deprived of an opportunity to make an effective representation in respect of the allegations levelled against him in this suspension order cum show cause notice.
Learned Counsel for the petitioner has handed over a copy of the recovery memo whereby it would appear that the respondent has seized all relevant stock registers, sales registers, cash memos and card registers which were necessary to make an effective representation in answer to the notice to show cause issued to the petitioner.
So far as the issue of suspension of the licence is concerned, I find that the appellate authority in the order dated 16th January, 2008 has noticed that the hearing before the licensing authority is scheduled on 4th February, 2008.
In this view of the matter, I am not inclined to interfere in the matter at this stage. So far as the suspension order is concerned, it shall be open for the respondents to consider the representation of the petitioner and proceed in the matter in accordance with law.
However, there is merit in the petitioner''s grievance that he has been deprived of an opportunity to effectively make a representation against the proposed action. It is pointed that all the relevant records of the petitioner which are necessary for making the representation and reply to the show cause notice have been admittedly seized by the respondent.
Accordingly, this writ petition is disposed of with the following directions:
(i) The respondents shall make available to the petitioner for inspection the records which have been recovered from his premises including the stock registers, sales registers, cash memos and card registers on such dates and times as may be fixed by parties. In case and if possible, photocopies thereof may be furnished to the petitioner at his expense within a period of fifteen days from today.
(ii) The petitioner shall submit his reply to the notice to show cause. The period for submitting the reply to the notice shall stand extended by a period of two weeks after the record is made available to the petitioner.
(iii) The respondent shall therefore fix a date of hearing the petitioner or his duly authorized representative after the period of six weeks from today and inform the petitioner of the same in writing.
(iv) The petitioner shall be furnished a copy of the order which is passed by the respondent.
Needless to say, it shall be open for the petitioner to assail the order which is passed by way of appropriate proceedings in accordance with law, if still aggrieved by the order.
(v) In this view of the matter, the respondent shall not take further action with regard to the hearing and proposal of the cancellation of the licence of the petitioner as per the notice dated 4th January, 2008 till passing of the order as directed today.
(vi) In the event of the petitioner failing to comply with these directions, it shall be open to the respondent to proceed in the matter as notified in the notice dated 4th January, 2008.
This writ petition and the applications mentioned above are hereby disposed of in the above terms.
Dasti to the parties.