UT Finance Secretary orders opening of liquor vends

Saurabh Malik

Tribune News Service

Chandigarh, September 1

Just about a week after some liquor licence holders blamed the UT Deputy Commissioner for promoting the business interests of their rivals by proceeding on leave without deciding their plea against the suspension of licence, the Finance Secretary today directed immediate opening of the vends.

The matter was placed before the UT Finance Secretary-cum-Secretary, Excise and Taxation Department, on HCorders earlier during the day. As a bunch of five petitions filed before the High Court through counsel Vikram Jain came up for hearing, counsel for the UT Administration submitted that Deputy Commissioner-cum-Excise and Taxation Commissioner SB Deepak Kumar heard the appeals on August 24 before reserving the orders. However, he went abroad on an official tour for 10 days. Therefore, the orders could not be pronounced.

He added that Finance Secretary-cum-Secretary, Excise and Taxation Department, Sarvjit Singh was also competent to hear the appeals. Taking up the matter, the Bench of Justice Ajay Kumar Mittal and Justice Ramendra Jain asserted: “In view thereof, it is observed that Sarvjit Singh, Finance Secretary-cum-Secretary, Excise and Taxation Department, UT, Chandigarh, or any other competent authority to be nominated by him shall decide the appeals today itself after hearing the petitioner(s) or their representative(s) by passing speaking orders in accordance with law”. The case hovers around the move of the Administration to place under suspension liquor licences of about 10 vends in Chandigarh.

Jain had earlier told the court that the appeal would be rendered infructuous as the penalty period of 15 days would be over by the time the DC came back. Jain had contended that the petitioners were granted licence for retail sale of Indian-made foreign liquor in Chandigarh, and the vends started to function from May 1. However, on August 8, a minor discrepancy was found after the functioning of the liquor vends was checked in a routine manner.

On the basis of a report, a notice was issued, and the order for placing under suspension the liquor licences was issued “without appreciating the facts substantiated by the appellants”.

In response to the order dated August 21, the petitioner approached the Deputy Commissioner on August 22 with the appeal, which was heard on August 24 before the order was reserved. An assurance was given at the time of the hearing that the order would be issued by August 24 evening.

The petitioner waited in the DC’s office till 5 pm that day. The next day again he waited till 1 pm for the order to be passed by the Deputy Commissioner (Excise). However, excise officials informed the petitioner that the Deputy Commissioner had gone on leave for 10 days and would be back on September 5.