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Anirudh Sharma, S/o Late Balram Singh vs The State of Bihar

Patna High Court · Decided on 21 July 2017 · Citation: (2017) 07 PAT CK 0022

HON’BLE JUDGES
Shivaji Pandey
RESULT
Disposed off
CASE NUMBER
3647 of 2017

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Judgment

22 paragraphs · 199 words
1.

Heard learned counsel for the petitioner and learned

counsel for the State.

2.

In this case, the petitioner is challenging the order of

the Sub-Divisional Officer, Hilsa, dated 14.02.2017, whereby and

whereunder he has cancelled the P.D.S. licence of the petitioner by

passing a detailed order dealing with the subject matter.

3.

Learned counsel for the petitioner submits that the

order of the Sub-Divisional Officer, suffers from illegality on two

counts; first, the proposed punishment has not been mentioned in

the show-cause and second, he has demanded the inquiry report,

but the same was not served upon him.

4.

There is provision of appeal against the order of the

Sub-Divisional Officer. Let the petitioner exhaust the alternative

remedy of appeal before the appellate authority. If the petitioner

files an appeal before the appellate authority within a period of four

weeks from today, the appellate authority shall dispose of the same

within a period of four months from the date of filing of such

appeal. While deciding the question of limitation, the appellate

authority shall take into consideration the pendency of this case

before this court.

5.

With the aforesaid observations and directions, this

writ application is disposed of.