Amendment status not verified — confirm the current text below against the official source.
Resolution passed by panchayat can be ignored only after observing principles of natural justice. - Stray incident of illicit distillation not enough. The provisions incorporated in Section 26(1) and (2) of the Punjab Gram Panchayat Act, 1952 are intended to give shape to the policy of prohibition contained in the Directive Principles of State Policy contained in Article 47 of the Constitution of India. The only just cause to deviate therefrom could be warranted by the concern of the State also enjoined in the above said article for the welfare of its citizens a sensitivity which marks out a good Government from the bad one. Only if the Government sincerely feels that the citizens are consuming liquor illicitly distilled which fact posed a hazard to their health, that it would come forward to place in their hands alcohol contents of which would be measured and quality whereof would be of the prescribed standards. Precisely for this reason that the legislature must have incorporated the provision to sub- section (3) empowering the Excise and Taxation Commissioner to ignore the resolution of the Panchayat. But surely, a stray case of illicit distillation or smuggling of liquor would not pose threat of the kind to the health and well being of citizens and thus the requisite criterion envisaged in the proviso for ignoring the resolution of the Gram Panchayat, which is in consonance with the State Policy in regard to prohibition enshrined in the Directive Principles of Constitution would not stand satisfied in the case. Satisfaction should be objective not subjective and to reach an objective satisfaction, it is necessary that the officer concerned should have before him views of the parties which would necessitate affording of opportunity of hearing to the Gram Panchayat. The opinion referred to in the proviso to sub-section 3 of Section 26 of the Punjab Gram Panchayat Act is not the subjective opinion but an opinion formed objectively and judiciously. The Excise and Taxation Commissioner to record reasons in writing. Excise and Taxation Commissioner should give a hearing before an order ignoring a resolution passed by the Panchayat is passed the Gram Panchayat should be given an adequate hearing. Before passing order of cancellation of alcohol license, opportunity must be given. Forfeiture of cancellation is not automatic. The license is cancelled and the license fee paid and the security amount deposited by a licensee are forfeited without affording him any real and fair opportunity. the order is bad as being violative of the principles of natural justice. The licensee must not only be heard orally but he should be afforded an opportunity to produce evidence to substantiate his plea in defence. Powers under Section 36 of the Act are of quasi-judicial nature. It is incumbent upon the authorities to follow the principles of natural justice to provide proper opportunity before tak- ing [mal action for cancellation. A notice given with threat to cancel a license if the amount due is not paid within specified period is not enough. Proceedings under Section 36 for the cancellation of license are of quasi-judicial nature and the authorities are required to follow the principles of natural justice to give full opportunity before taking action of cancellation of license. An order of penalty just be passed after complying with the rules of natural justice.