Allahabad HC Stays Govt Order Suspending Fair Price Shop License, Allegedly Issued At Behest Of RSS

The Allahabad High Court earlier this week stayed an order suspending a Fair Price Shop (FPS) license in Gonda district, by noting the submission of the petitioner that the decision was taken allegedly on the directions of the Rashtriya Swayamsevak Sangh (RSS) headquarters at Nagpur.

"Prima facie, in the manner in which the directions have been given, which has led to passing of the impugned order requires consideration", Justice Pankaj Bhatia observed while granting interim relief to the petitioner (Manoj Kumar).

Briefly put, Kumar had approached the Court challenging the suspension of his FPS license by the SDM, Colonelganj, in June this year.

He contended that the order was passed on the basis of a complaint made by one Dinesh Shukla, who was not even a beneficiary of the shop.

The bench was told that Shukla's complaint had been forwarded to the Food Commissioner through an official email ID belonging to an office bearer of the RSS.

It was alleged that the RSS functionary had influenced the authorities to initiate proceedings against him.

On being apprised of these allegations, the Court impleaded Shukla as a respondent in the matter, noting that the proceedings had allegedly been initiated on his complaint, under the directions of the RSS.

It may be noted that Kumar had alleged in his plea that the authorities, acting under influence, bypassed the procedural formalities prescribed under the relevant government guidelines while suspending the license.

Taking into account the allegations, the Court, granting relief to the petitioner, directed that until further orders, the operation and effect of the suspension order shall remain stayed.

The Court also restrained the authorities from conducting any further inquiry against the petitioner in the matter.

The State Government has been granted four weeks to file a counter affidavit in response to the allegations.

Advocates Ashish Kumar Singh and Shakeel Qureshi appeared for the petitioner.