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SMT. KUNTI DEVI versus STATE OF U.P. THRU' SECY. & OTHERS

High Court of Judicature at Allahabad

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Smt. Kunti Devi v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 47310 of 2005 [2005] RD-AH 7033 (6 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Sushil Harkauli, J.

Hon. Vikram Nath, J.

We have heard learned counsel for the petitioner.

Written notice given to Sri V.K. Singh representing respondent no. 3 has been placed on record by the petitioner.

The petitioner has fair price shop licence. It has been cancelled by the impugned order dated 17.05.2005 on certain charges. The charges had been denied by the petitioner. The only reason mentioned for holding the charges proved in the case is that the particular persons who are witness had appeared in the preliminary inquiry personally and had supported the irregularity committed by the petitioner. Decision given on the basis of the recording of evidence behind the back of the petitioner could not be used against the petitioner unless the witness had been permitted to be cross examined by the petitioner. Statements of the witnesses recorded behind the petitioner cannot be utilized for holding that the witness was telling the truth and  the petitioner was not telling the  truth.

The findings thus recorded against the petitioner are vitiated.

We, therefore, allow the writ petition and set aside the impugned order dated 17.05.2005.  It would be open to the concerned authorities to pass fresh orders following proper procedure.

06.12.2005/ wp 47310/05

v.k.updh. (15)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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