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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.1537 of 2007
Sewa Sahakari Sanstha,
through its President,
Shri Dyneshwar Deoraoji Varhade,
Aged 46 years,
Occupation - Agril,
Mouza Nakshi, Tah. Bhiwapur,
District Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
through its Secretary,
Food & Civil Supplies Dept.,
Mantralaya, Mumbai-32.
2. Deputy Commissioner (Supply),
Nagpur.
3. District Supply Officer,
Nagpur.
4. Sanjay s/o Sampatrao Bhoyar,
Aged about 45 years,
R/o Nukshi, Taluka Bhiwapur,
District Nagpur - [Intervenor] ... Respondents
None for Petitioner and Intervenor-Respondent No.4.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent Nos.1 to 3.
Coram : R.K. Deshpande, J.
th Date : 4 April, 2017 ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 2 wp1537.07.odt Oral Judgment :
1. None appears for the petitioner and the intervenor-respondent No.4. On the last two occasions also, none appeared for the petitioner. Heard Shri K.L. Dharmadhikari, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3.
2. The petitioner-Society, which was authorized to run a fair price shop, was issued a show cause notice dated 7-10- 2004, by the District Supply Officer, Nagpur, bringing to its notice the following irregularities :
"1) The BPL wheat 9 quintal, Antodaya wheat 3.92 quintal, SGRY wheat 24.35 quintal Total 35.25 quintal wheat and BPL rice 3.70 quintal, Antodaya 2 quintal rice SGRY 3.30 and SGRY 3.30 quintal and midday meal (School) rice 0.55 quintal total 9.55 quintal rice was found short as per record. Hence the above stock has been misappropriated.
2) The BPL and Antodaya beneficiaries have received the food grains or not, could not be verified from the sale register and bill book. But false entries were found in the ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 3 wp1537.07.odt ration cards. This has been on the basis of statements of records.
3) The Antodaya beneficiaries were not distributed the food grains as per Govt. fixed quantum of 25 Kg wheat and 10 Kg rice and actually 10 kg wheat and 5 kg rice has been distributed to each card holder and hence false entries noticed.
4) The list of BPL and Antodaya beneficiaries was not displayed in the shop.
5) It was also noticed that the distribution is not in accordance with the government fixed quantum.
6) Samples were not displayed.
7) The entries of sale after July 2004 were not
maintained in the sale and stock list."
3. The petitioner-Society submitted its reply on 24-1-2005. After conducting an enquiry, the District Supply Officer, Nagpur, passed an order dated 11-8-2005, whereby it is held that the charges levelled against the petitioner-Society are proved and there is a violation of the provisions of ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 4 wp1537.07.odt Clauses 18(2) (c) (d) (g) (h) (i) and (l) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975. He, therefore, cancelled the licence of the fair price shop of the petitioner-Society, ordering that the deficit stock of 37.29 quintal wheat and 9.55 quintal rice in the shop of the petitioner-Society be recovered at the rate of APL and deposited in the government treasury. In appeal, the aforesaid order was maintained by the Deputy Commissioner (Supply), Nagpur Division, Nagpur, by his order dated 17-12-2005.
4. However, in revision, the Minister, Food, Civil Supply and Consumer Protection, has passed an order allowing the revision partly on 7-7-2006. The operative portion of the order is reproduced below :
"1. Revision Appeal partially allowed.
2. The order of D.S.O., dated 11-8-2005 and Deputy Commissioner's Order dated 17-12-2005 is quashed and set-aside.::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 5
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3. Rs.10,000/- is imposed as fine for irregularities noticed and entire security deposit forfeited and the fair price shop authorization may be restored.
4. Rs.92,017/- to be recovered against the 46.80 Quintal foodgrains misappropriated by applicant at the rate of Rs.20/- per kg. as per market rate.
5. Same irregularities shall not be repeated in future by the applicant, such written undertaking be obtained from the applicant. If such irregularity was noticed in future the authorisation of F.P.S. will be permanently cancelled.
6. All concerned to be informed by this order."
The finding of misappropriation of food-grains is confirmed by the Minister, and the order warns the petitioner-Society not to repeat such acts in future. The penalty of Rs.10,000/- and forfeiture of security deposit is imposed upon the petitioner-Society. The recovery of Rs.92,017/- is also directed to be made for misappropriation of food-grains at the rate of Rs.20/- per kg. as per the market rate. ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 6
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5. The matter was admitted on 18-4-2007, and by virtue of interim relief, the order passed by the Minister was stayed, granting permission to the petitioner-Society to run a fair price shop.
6. It is not understood as to how the Minister, after recording the finding of misappropriation of food-grains, restores the authorization of fair price shop to the petitioner. Misappropriation of food-grains is a serious charge, and all the authorities are concurrent in recording such finding. Therefore, no leniency was required to be shown. Be that as it may, it is only the order imposition of fine and recovery of misappropriated food-grains, which is the subject-matter of challenge in this petition. There is no ground to interfere in the order passed by the Minister, and the petition deserves to be dismissed. The petition is dismissed. Rule stands discharged. No order as to costs.
7. If the petitioner-Society fails to deposit the amount as per the order passed by the Minister within a period of two months from today, the same shall be recoverable as arrears ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 ::: 7 wp1537.07.odt of land revenue with interest at the rate of 15% per annum from the date of the order, i.e. 7-7-2006, till recovery.
Judge.
Lanjewar,PS ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:01:20 :::