IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 16120 of 2009 1. MUNDRIKA SINGH S/O LATE SADHU SINGH R/O VILL.- BAGHOR, P.S. ROH, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, NAWADAH 3. THE SUB DIVISIONAL OFFICER, RAJAULI, DISTT.- NAWADAH 4. THE BLOCK SUPPLY OFFICER, KASICHAK CUM SUPPLY INSPECTOR, NAWADAH TOWN, DISTT.- NAWADAH 5. THE BLOCK SUPPLY OFFICER, ROH, P.S. ROH, NAWADAH ----------- 2 18.05.2010 The petitioner is a dealer under the Public Distribution System. Pursuant to an inspection for certain derelictions alleged, a first information report was lodged against him and investigations were taken up. In view of Clause 7 (iii) of the Bihar Public Distribution System (Control) Order 2007, the licence of the petitioner was suspended because of the criminal case. Petitioner states that when petitioner explained the situation to the Inspecting Authority, he informed the Investigating Officer that the case had been lodged on a misapprehension of fact. The Investigating Officer investigated and found that petitioner had not done anything wrong and, as such, has field a final form in the Court of mistake of fact. Petitioner has come here with a plea that in terms of Clause 7 (v) of the Order, the suspension cannot be for a period beyond 90 days and, as such, suspension should be revoked especially taking note of the fact as aforesaid. I am afraid, the submission cannot be accepted as sub clauses (iii) and (v) of Clause 7 of the said Order are independent situations. Clause 5 deals with a substantive punishment where as Clause 3 provides for an automatic suspension during pendency of criminal case. Petitioner’s licence was suspended not by way of punishment but in view of Clause 3 which is mutually exclusive. As no chargesheet has been 2 filed rather final form, mistake of fact has been filed which is yet to be accepted by the Court, sub clause (iii) continues to operate. Petitioner, in such circumstances, cannot be granted relief by this Court so long as the final form is not accepted by the Criminal Court and the case closed. In that view of the matter, the petitioner is given liberty to persuade the Criminal Court to accept the final form at an early date so that he can resume his business and may not suffer for no fault of his. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)