Narain Singh Thr. It'S Prop.Tripta Rani v. The Commissioner of Food & Supplies Delhi & Anr

G.S. SISTANI, J. JANUARY 08, 2014 'ssn'

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 907/2008 & CM.No.1765/2008 % Judgment delivered on 08.01.2014 NARAIN SINGH THR. IT'S PROP.TRIPTA RANI ..... Petitioner Through: Mr.Nitin Sehgal, Advocate versus THE COMMISSIONER OF FOOD & SUPPLIES DELHI & ANR ...... Respondent Through: Mr.S.D. Salwan and Ms.Latika Dutta, Advs CORAM :- HON'BLE MR. JUSTICE G.S. SISTANI G.S.SISTANI (ORAL) 1. Rule. With the consent of counsel for the parties, present petition is set down for final hearing. Necessary facts for disposal of this petition are that in the year 1976 at the request of Sh.Narain Singh, a licence for running Fair Price Shop No.4743 was issued. On 23.06.1984 the shop of Sh.Narain Singh was visited by the department officials and some irregularities were detected which led to lodging of FIR No.142/1984 against the said Sh.Narain Singh. On 04.08.1984 the licence of the said Fair Price Shop was cancelled by the department, on the basis of violation levelled by the raiding party. 2. The order of cancellation was assailed by Sh.Narain Singh by filing an appeal. In the appeal by order dated 28.09.1984 the then Commissioner, Food and Supplies, remanded the case back to the Assistant Commissioner, Food and Supplies for further examination. 3. On 15.10.1985 the Assistant Commissioner, Food and Supplies on re- examination of the case, revoked the cancellation order, forfeited the security amount of Rs.250/- and restored the licence. On 09.03.1997, the original licence holder, Sh.Narain Singh expired and in August, 1997 the present proprietor (daughter-in-law of late Sh.Narain Singh) applied for change of constitution of the Fair Price Shop in her name. Based on the policy of the department, the licence of the Fair Price Shop was transferred in the name of Smt.Tripta Rani. On 17.11.1997, the original licence holder was convicted by court of Addl. Judge and a fine of Rs.250/- was imposed on him. 4. According to the present proprietor / Smt.Tripta Rani, she was not aware of any criminal case, which was lodged against her father-in-law. It is submitted that on 21.09.2007 present proprietor received a show cause notice based on the conviction of Sh.Narain Singh and on 11.10.2007 the Assistant Commissioner, Food and Supplies, cancelled the licence of the Fair Price Shop in the name of the present proprietor on the ground of conviction of Sh.Narain Singh, the earlier proprietor. 5. It is contended that the present proprietor cannot be held responsible for the acts of late Sh.Narain Singh, especially when Sh.Narain Singh died in the year 1997; and from 1997, after substitution the present proprietor has been running the Fair Price Shop, without any complaint. It is submitted that licence of the petitioner firm cannot be cancelled, for the offence, which took place in the year 1984. 6. It is submitted by counsel for the petitioner that once the Assistant Commissioner, Food and Supplies after due hearing, had imposed a penalty of forfeiture of security amount of Rs.250/- vide order dated 15.10.1985, therefore, petitioner cannot be punished twice for the same offence. The second argument of counsel for the petitioner is that the show cause notice dated 21.9.2007 and cancellation order dated 11.10.2007 are liable to be quashed, as firstly the action initiated has become stale; and secondly, violation, if any, of the petitioner stands condoned as licence was renewed subsequently for 10 years and moreover in the name of the present proprietor of petitioner firm. 7. Mr.Salwan, learned counsel for the respondent submits that once the original licence holder had committed breach and was convicted the respondents were bound to cancel the licence of the petitioner firm, hence, the respondents are well within their right to take action in terms of Clause 7 of the 1981 Order dated 12.01.1981, i.e. Delhi Specified Articles (Regulations of Distribution) Order, 1981 which reads as follows: "7. Cancellation of authorization upon Conviction.- Notwithstanding