IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10658 of 2000 GANESH SAH Versus THE STATE OF BIHAR & ORS ----------- 3 19.01.2009 Heard learned counsel for the parties. The licence of the petitioner under the Public Distribution System (PDS) was cancelled on the ground that the petitioner had closed his shop without prior information and that there were certain irregularities detected in course of a fact finding enquiry as with regard to the distribution of food grain to the red card holders. It is not in dispute that the copy of such finding enquiry report, which is annexure A to the counter affidavit, was never supplied to the petitioner and when a cryptic show cause notice had led to filing of an equally vague and /or ineffective show cause reply, the order passed by the Sub-divisional Officer, licensing authority has also contained no reason for canceling the licence of the petitioner. Consequently the petitioner could not raise any effective ground in the appeal and curiously the appellate authority, the Collector of the district, again by shifting onus on the appellant for not producing the sale register, has gone to affirm the order passed by the licensing - 2 - authority. It is thus clear that right from the beginning the petitioner was not given a fair deal and his licence was cancelled in complete breach/ violation of the principles of natural justice. The authorities were definitely entitled to rely on any fact finding enquiry report prepared and submitted behind the back of the petitioner but then if that was the basis and/or foundation of the show cause notice, a copy thereof was to be essentially supplied to the petitioner. That having been not done and the impugned order as contained in annexure 3 also containing no reason for cancellation of license of the petitioner this Court has no option but to quash both the impugned orders as contained in annexures 3 and 4. In view of the fact that now the petitioner has been made aware of fact finding enquiry report, Annexure A to the counter affidavit, he may a file self contained explanation to the show cause notice (Annexure 1) within a period of one month from today and such reply of the petitioner will be considered in the light of the materials on record within a period of three months from the date of - 3 - filing of the aforesaid reply/explanation of the petitioner. With the aforesaid observations and directions this writ application is allowed only to the extent indicated above. . shahid (Mihir Kumar Jha, J)