1. The petitioner, who is a sitting fair price dealer had gone on medical leave on 19.5.09, initially for a period of 15 days but later on it was extended for three months. On being fit, the petitioner went to resume functioning of the shop, but he was not allowed to do so by the Sub Divisional Magistrate. The cardholders, in the meantime, were attached to some other shop.
2. A show cause notice was issued to the petitioner on 25.8.09 by the Sub Divisional Magistrate, saying that he did not furnish any application for medical leave, nor has submitted the fitness certificate, and there is no provision for grant of medical leave to the sitting fair price shop dealer. Further, the said notice stated that in the absence of any fitness certificate being produced by the petitioner, it appears that he is not ill and, therefore, he was required to show cause as to why his agreement be not cancelled and if he is actually ill, he may produce the medical certificate.
3. Learned counsel for the petitioner says that the petitioner had furnished his reply on 4.9.09 and again on 12.10.09 alongwith fitness certificate, but the matter is pending consideration, with the result that the petitioner is not being allowed to run the shop.
4. While issuing a direction to the Sub Divisional Magistrate to take an early decision in the matter, in accordance with law, we would like to observe that though there is no provision for grant of medical leave to the sitting fair price shop dealer, but in a situation where the dealer actually falls ill or he is to go out of the place for any of his personal work, some arrangement has to be made so that the card holders do not suffer. In such a situation, where the dealer, if asks for making alternative arrangement, during his absence and intimates the Sub Divisional Magistrate about the said fact, it cannot be presumed that the dealer is not willing to continue with the shop nor it can be taken to be a misconduct or dereliction of duty for cancellation of his agreement.
5. We, therefore, dispose of the writ petition with the direction that the pending matter of the petitioner be considered and disposed of, by the Sub Divisional Magistrate, who shall pass appropriate order, expeditiously, in accordance with law, say within a maximum period of 10 days from the date of receipt of a certified copy of this order, keeping in mind the observations made above.
