Case Details

Citation(s)
1975 SLG 3353 = 1975 SLD 3353 = 1975 PLD 1115
Lahore High Court
Writ Petition No. 2321 of 1974, decided on 18th March 1975.
Presented By: Karam Elahee Chauhan, J
Arwar Ahmed Waraich for Petitioner. Niaz Ali Shah for A: G. for
Respondent No. 1. Mian Muhammad Nawaz for
Respondents Nos. 2 and 3.

MUHAMMAD SHARIF-Petitioner

VERSUS

GOVERNMENT OF THE PUNJAB AND 2 others---Respondents

Law:

Section:

Foodstuffs Distribution Order, 1967 CI. 6(3)-Natural justice, principles of-Petitioner's Ration depot cancelled without affording him opportunity of hearing-Order, held, without lawful authority and of no legal effect. Date of hearing : 18th March 1975.                                                                                                                                                                      JUDGMENT The petitioner was a depot-holder in Chak No. 104/GB, Tehsil Jaranwala, District Lyalipur. Mohammad Siddique and Mohammad Ibrahim sons of Jhanday Khan of the same village made a complaint against the petitioner alleging certain irregularities on his part. The matter was attended to by the District Food Controller who, by means of his order dated the 3rd July 1974, found the petitioner guilty and passed a punishment of forfeiting the security of the petitioner to the extent of Rs. 25.00. It is to be mentioned that the depot had, in the meantime, been temporarily suspended, and when the District Food Controller passed the aforesaid order he closed the case by inflicting the penalty hereinbefore mentioned and restored the depot of the petitioner. 2. Mohammad Ibrahim respondent No. 4 submitted' an appeal which was addressed to the Minister for Food Punjab-(copy Annex. `C'). This appeal was attended to in the Secretariat and the learned Secretary Food on 2-11-1974 cancelled the depot of the petitioner. The petitioner has come up in writ petition against the aforesaid proceedings and orders to this Court. 3. Parawise comments, report and the record in this case were called for. The position which emerges from the file has been mentioned by me in my order dated 4-2-1975, which as quite explicit and is reproduced below in extenso…
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