TMI Blog2019 (2) TMI 1929X X X X Extracts X X X X X X X X Extracts X X X X ..... to the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the show cause notice from the respondents, the writ petitioner is directed to submit their explanations/objections, along with the documents, if any, within a period of two weeks from the date of receipt of the show cause notice and thereafter, the authorities competent shall consider the materials available on record as well as the explanations/objections submitted by the writ petitioner, take a decision and pass orders on merits and in accordance with law, within a period of eight weeks thereafter. Petition allowed in part. - W.P. No. 37 of 2019 and WMP. Nos. 41 & 42 of 2019 - - - Dated:- 27-2-2019 - Honourable Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il Price (MRP) is an offence under Standards of Weight and Measures Act, 1976, now replaced by Legal Metrology Act, 2009 and rightfully the Code had illustrated the same as a fraudulent act, and accordingly the first respondent herein being the competent authority has issued the impugned circular dated 2.1.2018, in cases of MRP violations and punishments thereof. 5. I submit that the impugned circular read with the impugned Code shall mean that if the employee is found selling liquor more than the MRP prices a department proceedings shall be initiated by issuing a show cause notice calling for an explanation and pending proceedings the delinquent instead of being suspended shall be transferred to another shop of lesser sale within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r imposing minor punishments, the procedure of issuing show-cause notice and receiving explanations/objections are to be followed by the authorities before taking a decision and passing orders. 09. On a perusal of the impugned order itself, it is clear that no such show-cause notice was issued to the writ petitioner. 10. The learned counsel appearing on behalf of the respondents is also unable to establish that an opportunity was provided to the writ petitioner before issuing the impugned order imposing penalty. 11. Under these circumstances, this Court is of an opinion that the writ petition is fit for remand and accordingly, the impugned order passed by the second respondent in memo dated 22.10.2018 is quashed. The respondents ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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