AMAR CHANDRA versus STATE OF U.P. THRU' SECY. FOOD & CIVIL SUPPLY, LKW. & ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Amar Chandra v. State Of U.P. Thru' Secy. Food & Civil Supply, Lkw. & Ors. - WRIT - C No. 54776 of 2006 [2007] RD-AH 14114 (17 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble S.U.Khan J

Petitioner's licence to run fair price shop was suspended on 2.8.1999. Against the said order highly belated appeal being appeal No. 141 of 2002 was filed on 4.12.2002 which was dismissed on 26.12.2002 by the Commissioner, Kanpur division Kanpur. However,  Commissioner directed that final order must be passed by the Deputy Collector expeditiously within a month. Learned counsel for the petitioner states that final order has not yet been passed.

I do not find any error in the order passed by the appellate court. There was no explanation of delay of more than three years in filing appeal hence appeal was rightly dismissed as barred by time. However, if the allegation of learned counsel for the petitioner that final order has not yet been passed by the Deputy Collector is correct then the matter is quite serious. Suspension order can not be  passed for indefinite period. When charges were made against the petitioner regarding irregularities and illegalities in supply of essential commodities then final order should have been passed within reasonable time.

Writ petition is accordingly disposed of with the direction to the Deputy Collector, Vidhuna, district Auraiya to decide the matter finally within six weeks from the date of production of certified copy of this order in case it has not already been decided. However, if within six weeks form the date of production of certified copy of this order matter is not finally decided by the Deputy Collector then Deputy Collector shall reconsider as to whether it is appropriate to continue suspension order or not.

Writ petition is accordingly disposed of.

17.8.2007/Waqar

W.P.No. 54776/06

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