licence suspended of Depot Holder
vinod bansal
(Querist) 03 November 2010
This query is : Resolved
R/Experts
A depot holder was booked in a case under section 7/10/55 EC Act & 420 IPC Etc as per allegation he was selling kerosene oil which was for public distribution supply.Now food and supply deptt Haryana has suspended his Ration Depot licence,under which provision/rule they did so.Kindly suggest.How 7 where i can challenge this order.Is it not against this principal of law in which it is stated tht"Unless and untill a person is convicted by the court of law ,he will be presumed innocent"Thanx
Arun Kumar Bhagat
(Expert) 03 November 2010
In the suspension order the rules must be quoted. See it. If you are convinced that injustice has been done then file a writ.
s.subramanian
(Expert) 03 November 2010
In every State in India,they have promulgated their own Control Orders with regard to the sale and supply of the essential commodities. If there is any violation the concerned District Magistrate initiates proceedings against the concerned dealers. The suspension of the depot license is within the powers of the District Magistrate. It must have been done in view of the case booked against you. You can approach the District Magistrate for revocation of the suspension. Or else you can approach the High court by way of a writ petition for reliefs.
R.Ramachandran
(Expert) 04 November 2010
Mr. Subramanian is absolutely correct.
The licence has only been suspended. Before cancellation, proper opportunity would be given to the person of the ration depot concerned and only after considering his reply the final decision whether to cancel his licence or not would be taken.
