Running fair price shop with license cannot be termed as holding civil post, says Apex Court

Read Order: MANJU SHARMA v. THE STATE OF UTTAR PRADESH & ORS 

Tulip Kanth

New Delhi, March 25, 2022: While dismissing a Special Leave Petition, the Supreme Court has held that holding a license to run a fair price shop cannot be said to be holding a civil post.

The Bench of Justice M.R.Shah and Justice B.V. Nagarathna opined that the submission of the petitioner’s counsel that with respect to cancellation of the fair price shop license, Article 311 of the Constitution of India shall be applicable, was thoroughly misconceived.

Affirming that the the license to run the fair price shop was rightly cancelled, the Division Bench said, “On merits, considering that there were number of serious irregularities found and it was found that the petitioner is a habitual offender, the license to run the fair price shop was rightly cancelled by the appropriate authority, which has been rightly confirmed by the High Court.”

Disposing of the pending applications, the Bench also dismissed the Petition.