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Judgment
Shyamal Kumar Sen, C.J.—Heard learned counsel for writ petitioner and standing counsel for respondents.
In the instant writ petition the petitioner who is a dealer in kerosene oil has challenged the cancellation order dated 4122000, whereby the licence of the petitioner was cancelled.
It is the contention of the writ petitioner that no opportunity of hearing was given to the petitioner. That apart the petitioner was not supplied with the copy of inquiry report conducted by SubDivisional Magistrate dated 1112000, upon which reliance was placed in the impugned order and that itself violates principles of natural justice. It appears to us from the impugned order itself that the concerned authority has taken into consideration the inquiry report of SubDivisional Magistrate dated 1112000 but no copy of the same has been supplied to the writ petitioner which is essential requirement for following the principle of natural justice. It is well settled that when report of the inquiry has been relied upon by the disciplinary authority, that report has to be furnished to the person who is effected by the same. In that view of the matter, we are of the view that the impugned order suffers from the violation of the Principle of Natural Justice.
It has been argued on behalf of the respondents that there is a provision for statutory appeal. It is well settled that if there is violation of natural justice, alternative remedy shall not stand as a bar and in that view of the matter we are of the view that the case of Whirlpool Corporation v. Registrar, Trade Marks, Mumbai, 1998 (8) SCC 1, relied upon by petitioner is fully applicable in the facts of present case. The writ petition accordingly succeeds. The impugned order of cancellation dated 4122000 and the consequential order dated 5 122000 stand quashed and set aside. This order shall, however not prevent the respondent authorities to take appropriate action in accordance with law.