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2025 DAILYLAW 78159 (PNJ)

SUNITA v. STATE OF HARYANA AND OTHERS

CWP/19449/2025 · 2025-09-08

Jasgurpreet Singh Puri

body2025

Judgment text

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CWP-19449-2025 (O&M) -1- 101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19449-2025 (O&M) Date of decision: 08.09.2025 SUNITA ...Petitioner(s) VERSUS STATE OF HARYANA AND OTHERS ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Ms. Ishika Jain, Advocate and Mr. Antriksh Sharma, Advocate for the petitioner. Mr. Udit Garg, Addl. A.G., Haryana. **** JASGURPREET SINGH PURI, J. (Oral) 1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to conduct a thorough investigation into the allegations of corruption and misuse of office, levelled against respondent No.5 and other officials of District Food and Supplies, Sonipat, with a further prayer to issue a writ in the nature of certiorari for quashing the impugned order dated 12.03.2025 (Annexure P-10) passed by respondent No.5. 2. Learned counsel for the petitioner submitted that vide impugned order dated 12.03.2025 (Annexure P-10), the District Food and Supplies Controller, Sonipat has cancelled the ration depot licence of the petitioner. She CHETAN THAKUR 2025.09.10 14:09 I attest to the accuracy and authenticity of this order/judgment. CWP-19449-2025 (O&M) -2- further submitted that a show cause notice was issued to the petitioner and only three days’ time was given to her to respond. She also submitted that the petitioner sent her reply through ordinary post but the same was neither considered nor was she given any opportunity of hearing and in this way, there had been a violation of the principles of natural justice. 3. On the other hand, Mr. Udit Garg, Addl. A.G., Haryana submitted that he has sought instructions in the present case to state that it is factually correct that only three days’ time was given to the petitioner to respond to the show cause notice and she sent her reply through ordinary post. He further submitted that although a show cause notice was issued to the petitioner but the time granted to her was very less and in this way, she could neither be heard nor the reply sent by her through ordinary post could be considered. He further submitted on instructions that a fresh order may now be passed in case it is so permitted by this Court after giving adequate opportunity of hearing to the petitioner and after considering the reply filed by her. 4. In view of the aforesaid factual position as stated by both the learned counsels for the parties and considering the fact that the aforesaid impugned order has been passed without affording adequate and reasonable opportunity of hearing to the petitioner, the present petition is allowed. The aforesaid impugned order dated 12.03.2025 (Annexure P-10) is hereby set aside. The matter is remanded back to the District Food and Supplies Controller, Sonipat to pass a fresh order with due application of mind, after giving adequate opportunity of hearing to the petitioner or her counsel and after considering the reply, if any, submitted by the petitioner to the show cause CHETAN THAKUR 2025.09.10 14:09 I attest to the accuracy and authenticity of this order/judgment. CWP-19449-2025 (O&M) -3- notice while deciding the aforesaid issue pertaining to cancellation of ration depot licence. The fresh order shall be passed by the District Food and Supplies Controller, Sonipat, within a period of two months from today, strictly in accordance with law. (JASGURPREET SINGH PURI) 08.09.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.09.10 14:09 I attest to the accuracy and authenticity of this order/judgment.