Reasons In Show-Cause Notice Must Clearly Outline Grounds On Which Action Under Rules Is Proposed: Patna High Court Restores PDS License
Case: Shyam Kumar Jha and Ors vs. The State Of Bihar and Ors
Coram: Justice Sanjeev Prakash Sharma
Case No.: Civil Writ Jurisdiction Case No.11389 of 2017
Court Observation: “The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of the grounds, the concerned licensee would be deprived of meting out with the allegations as he would not be in a position to defend himself.”
“The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of the grounds, the concerned licensee would be deprived of meting out with the allegations as he would not be in a position to defend himself. The action would, therefore, be in violation of principles of natural justice apart from being in violation of Rule 27(2) of the Rules (supra).” “Keeping in view thereto, the orders impugned are not sustainable in law and are, accordingly, quashed and set aside. The licence cancelled by the SDO Sadar, Darbhanga, stands restored, however, it would not preclude the concerned SDO to conduct a fresh inspection and pass orders, if so required. The writ petition is disposed of with the above observations and directions.”
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