(BY SRI. SHIVARAMU H C.,ADVOCATE) v. (BY SRI. MANJUNATH RAYAPPA, AGA)

(BY SRI. SHIVARAMU H C.,ADVOCATE) …PETITIONER AND:

THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE - 570 001.

THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES MYSORE DISTRICT, MYSORE - 570 001.

THE THASILDAR T NARASIPURA TALUK, T NARASIPURA - 571 110 MYSORE DISTRICT (BY SRI. MANJUNATH RAYAPPA, AGA) …RESPONDENTS - 2 - NC: 2026:KHC:26119 WP No. 21397 of 2023 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED NIL (SIGNED ON 17/08/2023) PASSED BY THE R1 IN HIS ORDER NO. JA NI MY/ AA NA SA/GAS/01/2023-24 AT ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner, who was earlier rendering his service in the Central Reserve Police Force stated to have suffered electrocution resulting in he loosing both the hands and consequently being relieved from his job. Petitioner had applied and was allotted for dealership of LPG gas distribution under Para-Military Police Force (PMPF category) in the year 1999. Ever since then, petitioner has been running the said gas agency catering to the requirement of surrounding villages without there being any complaint or grievance from anyone.

2. That the respondent No.1-Deputy Commissioner, at the instigation of some persons with vested interests who were not even customers had issued a show cause notice to petitioner, alleging excess charging on the LPG gas cylinders and distribution of cylinders beyond the permitted limits. - 3 - NC: 2026:KHC:26119 WP No. 21397 of 2023 HC-KAR Petitioner had submitted his response as per Annexure-E. However, by the impugned order at Annexure-F, respondent No.1-Deputy Commissioner has withdrawn the authorization of gas agency. Being aggrieved, the petitioner is before this Court.

3. Learned counsel for the petitioner, drawing attention of this Court to the contents of the impugned order submits that the serious allegations in the nature of petitioner charging excess amount from the customers as well as dereliction of duty in discharge of service having been made and attributed against the petitioner, the veracity of the said allegations ought to have been proved by conducting an enquiry and providing sufficient opportunity of being heard to the petitioner. The allegation made being stigmatic in nature could not have been unilaterally accepted by respondent No.1-Deputy Commissioner. He submits that the order therefore suffers from vice of violation of principles of natural justice, warranting inference at the hands of this Court.

Learned AGA appearing for the respondent No.1- Deputy Commissioner submits that the order impugned has - 4 - NC: 2026:KHC:26119 WP No. 21397 of 2023 HC-KAR been passed based on the information received by the Deputy Commissioner and also on consideration of the reply submitted by the petitioner to the show-cause notice. He however submits, no enquiry was conducted and if a direction is issued, an enquiry regarding the allegations made against the petitioner as noted in the impugned order would be conducted and appropriate order thereafter would be passed.

Heard and perused the records.

In the impugned order though there is a reference for issuance of show-cause notice and the reply submitted by petitioner, the reasons assigned therein indicate that the petitioner was allegedly charging additional amount on the gas cylinders and was also distributing the gas cylinders beyond the permissible limits and was also guilty of dereliction of duty. These allegations have been accepted by the respondent No.1- Deputy Commissioner on the face of it without even conducting an enquiry. As rightly pointed out by the learned counsel for the petitioner, the allegations noted in the impugned order being serious and stigmatic in nature, respondent No.1-Deputy Commissioner ought to have proceeded to pass the order only - 5 - NC: 2026:KHC:26119 WP No. 21397 of 2023 HC-KAR after conducting an enquiry, instead of proceeding to pass the orders straight away on his prima facie satisfaction. The order impugned, would have bearing on the source of livelihood of the petitioner, particularly in the light of the fact that the petitioner who was earlier serving in the Central Reserve Police Service was relieved from the job on account he having suffered electrocution resulting in loss of his both the hands.

Under the facts situation of the case, this Court is of the considered view that the impugned order requires to be quashed. Accordingly, following: ORDER (i) Petition is allowed. (ii) Impugned order dated 17.08.2023 passed by the respondent No.1-Deputy Commissioner as per Annexure- F is hereby quashed. (iii) Matter is remitted to the respondent No.1-Deputy Commissioner. (iv) Petitioner herein is at liberty to submit his detailed statement of objections. After affording sufficient - 6 - NC: 2026:KHC:26119 WP No. 21397 of 2023 HC-KAR opportunity and conducting the enquiry in a manner known to law into the allegations noted above, the respondent No.1-Deputy Commissioner shall pass Order afresh in accordance with law with an outer limit of three months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 49