1. The Petitioner seeks to challenge the Order dated 22.06.2023 passed by the Special Commissioner, Department of Food Supplies and Consumer Affairs, GNCTD in Appeal No.6/2023 affirming the Order dated 06.03.2023 passed by the Assistant Commissioner (North), Department of Food Supplies and Consumer Affairs, GNCTD cancelling the licence granted to the Petitioner for running a Fair Price Shop (FPS) and the Order dated 09.03.2023 correcting the typographical errors regarding the net variation of the specific articles (SFAs) from 19.91 quintals to 199.18 quintals passed by Assistant Commissioner (North), Department of Food Supplies and Consumer Affairs, GNCTD.
2. The brief facts leading to the present writ petition are as under:-
i. An inspection was carried out by Circle Officials of the Department of Food Supplies and Consumer Affairs in the Fair Price Shop (FPS No.8757) belonging to the Petitioner on 14.02.2023 wherein net variation of specified articles in the available stock was found in the premises of the Petitioner with regard to wheat, rice and sugar. The variation is as under:-
ii. A perusal of the above table shows that there was a variation of 7531.99 kg in the stock of wheat, and 12117.89 kg in the stock of rice and 269 kg in the stock of sugar.
iii. Apart from this stock variation, certain other irregularities were also found which are as under:-
1. Authorization is found in damage condition.
2. Certificate of weight and measurement not provided.
3. List of beneficiaries not displayed.
4. Stock board not displayed.
5. Board of opening closing time found in damaged condition.
6. Vigilance committee board found in damaged condition.
iv. Show Cause Notice (SCN) dated 22.02.2023 was issued against the Petitioner to demonstrate as to why action should not be taken against the Petitioner under the Delhi Specified Articles (Regulation and Distribution) Order, 1981, and why the entire security given by the Petitioner for the same should not be forfeited.
v. An inquiry was conducted which saw the Petitioner's participation. The Petitioner filed a reply to the SCN dated 22.02.2023 contending that the food processing officials had been conducting regular visits since the year 2019, with the latest being conducted on 20.01.2023. He stated that no discrepancies had been found and that the officials found that everything was in order.
vi. It is further stated that none of the discrepancies reflected in the SCN are correct. It is further stated that when the officials from the Department entered the shop, there was a general panic because of which the Petitioner could not explain the situation properly and that, if provided an opportunity, the Petitioner would demonstrate that there was no variation in stock.
vii. Hearing was conducted on 06.03.2023 and post the proceedings, the Assistant Commissioner (North), Department of Food Supplies and Consumer Affairs, GNCTD passed an order cancelling the licence of the Petitioner on the ground that the fair price shop holder, i.e., the Petitioner herein, was unable to run the shop in a business-like manner, which was against the terms and conditions of the authorization issued to the Petitioner to run the fair price shop.
viii. It is also stated that the way the fair price shop is being run is detrimental to the Public Distribution System. It is stated that the Petitioner violated the terms and conditions which are mandatory for continuation of authorization for running the fair price shop. It is stated that the discrepancies found are sufficient to cancel the licence of the Petitioner.
ix. It is pertinent to mention that on 09.03.2023, a corrigendum was issued by which the discrepancy in the net va........