Case Note & Summary
The petitioner, Mangu s/o Basu Rathod, was a fair price shop owner and held a licence for retail sale of kerosene at village Manjerjawla. He claimed that under pressure from a Zilla Parishad member, he volunteered to give up running the shop and the licence, and forwarded an application to the Tahsildar (respondent no.4) seeking permission to resign. The application was forwarded to the District Supplies Officer (respondent no.3). However, the Deputy Commissioner (Supplies) (respondent no.2) attached the dealership without waiting for a response on the acceptance of the resignation. The petitioner challenged this attachment. The District Supplies Officer passed an order on 11/10/2010 in favour of the petitioner. The respondent no.5 (Rohidas s/o Shiva Rathod) filed a revision before the Hon'ble Minister for Food, Civil Supplies and Consumer Protection (Revisional Authority), who allowed the revision on 21/6/2011 and set aside the order dated 11/10/2010. The petitioner filed the present writ petition challenging the revisional order. The main legal issues were whether the Revisional Authority could allow the revision without giving an opportunity of hearing to the petitioner, and whether the resignation was validly accepted. The petitioner argued that the revisional order was passed without notice to him, violating natural justice. The respondents argued that the petitioner had voluntarily resigned. The court held that the Revisional Authority's order was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of principles of natural justice. The court set aside the revisional order and remanded the matter back to the Revisional Authority for fresh consideration after giving an opportunity of hearing to all parties. The court also noted that the attachment of the dealership by the Deputy Commissioner was premature as the resignation had not been formally accepted.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Revision under Essential Commodities Act, 1955 - The Revisional Authority allowed the revision filed by the respondent no.5 and set aside the order dated 11/10/2010 without affording any opportunity of hearing to the petitioner, who was the affected party. Held that the order passed in violation of principles of natural justice is unsustainable and liable to be set aside (Paras 5-6). B) Essential Commodities Act - Fair Price Shop - Resignation from Dealership - Acceptance of Resignation - The petitioner had submitted an application to resign from the fair price shop and kerosene dealership. The respondent no.2 attached the dealership without waiting for formal acceptance of the resignation. Held that the resignation could not be treated as accepted until formally accepted by the competent authority, and the attachment was premature (Paras 3-4).
Issue of Consideration
Whether the Revisional Authority could allow the revision filed by the respondent no.5 without giving an opportunity of hearing to the petitioner, and whether the resignation of the petitioner from the fair price shop and kerosene dealership was validly accepted.
Final Decision
The writ petition is allowed. The order dated 21/6/2011 passed by the Revisional Authority is quashed and set aside. The matter is remanded back to the Revisional Authority for fresh consideration after giving an opportunity of hearing to all parties. Rule is made absolute accordingly.
Law Points
- Natural justice
- Right to be heard
- Revision under Essential Commodities Act
- Resignation from dealership
- Fair price shop licence
- Acceptance of resignation
- Opportunity of hearing
