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Judgment
Heard learned counsel for the petitioner and learned
counsel for the State.
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.
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.
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.
With the aforesaid observations and directions, this
writ application is disposed of.
