Facts
The petitioner, a self-help group, was allotted a Fair Price Shop at Village Khanta
Source reference: p. 2On 18.05.2026, a show-cause notice was issued to the petitioner alleging irregularities.
Source reference: p. 2Despite the petitioner submitting a reply, the Respondent No. 5 (Sub Divisional Officer, Revenue) issued an order dated 15.06.2026 (Annexure-P/4) suspending the shop's allotment and attaching it to Respondent No. 6
Source reference: p. 2The petitioner challenged this order on the grounds that it was a non-speaking, arbitrary order passed without following due process or conducting a proper inquiry
Source reference: p. 2, 3Issues
1. Whether the suspension order passed by Respondent No. 5 was a "speaking order" that objectively considered the petitioner's explanation
Source reference: p. 4, para. 62. Whether the impugned action complied with Rule 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016, and the principles of natural justice
Source reference: p. 3, para. 3; p. 5, para. 7Law Applied
Rule 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016, which mandates a specific procedure and inquiry before taking adverse action against a Fair Price Shop licensee
Source reference: p. 3, 5The fundamental principle of administrative law that an authority must pass a "reasoned and speaking order" when its decision entails serious civil consequences.
Source reference: p. 4, para. 6The right to a hearing includes the duty of the authority to reflect the application of mind to the explanation offered by the aggrieved party
Source reference: p. 4, para. 6Reasoning
The court found that the impugned order dated 15.06.2026 failed the test of a speaking order. While the authority acknowledged receipt of the petitioner's reply, it summarily dismissed it as "not satisfactory" without assigning specific reasons or discussing the merits of the explanation
Source reference: p. 4, para. 6The order failed to disclose specific irregularities found during inspection or counter the petitioner’s specific defenses
Source reference: p. 4, para. 6Providing an opportunity to reply is a hollow formality if the authority does not objectively evaluate that reply. Since the order lacked findings and reasons, it was deemed unsustainable as it violated the principles of natural justice and the procedural requirements of Rule 16 of the 2016 Control Order
Source reference: p. 4, para. 6; p. 5, para. 7Holding
The court allowed the petition and set aside the suspension order dated 15.06.2026
The matter was remitted to the Sub Divisional Officer (SDO), Pendra Road, with directions to pass a fresh, reasoned, and speaking order after affording the petitioner a due opportunity of hearing. This process must be completed within 30 days of receipt of the court's order, strictly following Rule 16 of the Chhattisgarh Public Distribution System (Control) Order, 2016. No costs were awarded
Source reference: p. 5, para. 7, 8Original Court PDF
JAI MAA DURGE MAHILA SWA SAHAYATA SAMOOH,vsSTATE OF CHHATTISGARH
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