Bijay Kumar Singh v. Bihar State Agricultural Marketing Board
1990-09-11
N.P.SINGH, SACHCHIDAUAND JHA
body1990
DigiLaw.ai
Order This writ application has been filed challenging the order dated 24.4.1990, as contained in Annexure 4 to the writ petition whereby the Secretary, Singheshwarsthan Agricultural Produce Market Committee has communicated the decision of the Regional Director, Agricultural Marketing, Bhagalpur, respondent no. 2 cancelling the appointment of the petitioner as collecting agent. 2. It has been submitted on behalf of the petitioner that he was appointed as a collecting agent under the provisions of the Bihar Agricultural Produce Market Act and Rules framed thereunder, on the basis of an auction held in that regard in which he along with others had participated and had knocked the highest bid. It was stated that the impugned order had been passed without giving any opportunity of showing cause to the petitioner, and as such, the impugned order is violative of the elementary principle of natural justice. 3. A counter affidavit has been filed on behalf of the respondents stating, inter alia that the Market Secretary, who had held auction in question and appointed the petitioner as a collecting agent, has acted in collusion and as such, the appointment of the petitioner as collecting agent was vitiated. It was also pointed out by the learned counsel appearing on behalf of the respondents that even after the aforesaid order of cancellation dated 24.4.1990 the petitioner has continued to collect the market fee and is keeping the amount so collected with him. 4. Having heard learned counsel appearing on behalf of the parties, we are of the view that since no show cause notice was issued to the petitioner before the impugned order, as contained in Annexure 4, was passed the same has to be struck down being violative of the principle of natural justice. We would like to clarify that we have not adjudicated on the merits of the case and that it will be open to the respondents to proceed against the petitioner in the matter after giving a notice to show cause. 5. In regard to the contention on behalf of the respondents that the amount collected as market fee by the petitioner after 24.4.1990 has not been deposited with the authorities, it is directed that it will be open to the respondents to hold inquiry in this regard and to ascertain the amount which, according to them, the petitioner has collected after 24.4.1990.
If it is found that the petitioner has collected market fee thereafter and has not deposited the same with the authorities, they may take appropriate steps in this regard. The petitioner in that event will deposit the amount in question with the authorities. 6. This application is disposed of.