Allahabad High Court
Smt. Wazida vs State Of U.P. And 2 Others on 13 February, 2023
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - C No. - 2851 of 2023
Petitioner :- Smt. Wazida
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Krishna Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is a fair price shop licensee who is aggrieved that despite detailed explanation was afforded to the irregularities mentioned in show cause notice, Licensing Authority as well as Appellate Authority has not considered the explanation and passed adverse orders against petitioner.
Sri Krishna Kumar Singh, learned counsel for petitioner vehemently argues that complaints were filed with malafide intention and without any proof to substantiate complaints. A detailed explanation was submitted by petitioner along with photocopies of register, however, contrary to record, findings were given by Licensing Authority affirming the complaints and rejecting the explanation.
Learned counsel also refers photocopies of affidavit of a few cardholders affirming that no irregularity was committed by petitioner and they are happy with regular and requisite distribution of foodgrains. He also places reliance upon judgments of this Court in Smt. Santara Devi vs. State of U.P. and others, Civil Misc. Writ Petition No. 56664 of 2012, decided on 07.12.2015 and Maniram Yadav vs. State of U.P. and 3 others, Writ C No. 5294 of 2018, decided on 13.05.2022.
Above submissions are opposed by Sri Dalvir Singh, learned Standing Counsel for State and submitted that explanation was considered by Licensing Authority as well as Appellate Authority, however, allegations were not met out, therefore, impugned order was passed and he also placed reliance upon findings in impugned orders.
Heard learned counsel for parties and perused record.
In order consider above rival submissions, I have carefully perused impugned order passed by Licensing Authority dated 12.10.2016 as well as order of Appellate Authority dated 04.01.2023. Many complaints were filed against petitioner regarding irregularities in monthly distribution of foodgrains which includes distribution of less quantity on higher price and complaints of misbehaviour with cardholders. Petitioner has vaguely replied to the allegations by simply denying the same, without any documentary evidence.
In regard to allegation that entries were not mentioned in sale register, I have carefully perused the photocopies of same annexed with this writ petition. Against name of few complainants, distribution of foodgrains were mentioned, however, at the face of it, since only against complainants, complete 12 digit number of cardholders was mentioned as well as there are overwriting also. Therefore, prima facie, entries are made subsequently in order to create an evidence.
Petitioner's argument that proper process was not followed in inquiry that she was not provided the statement of cardholders nor she was even given a chance to confirm the identity of cardholders is bereft of merit as law is settled that substantial compliance of natural justice is sufficient. This is not an inquiry which ought to have been under service jurisprudence. The petitioner is a simple licensee who has been given opportunity to submit her reply which she has done. However, reply remained vague having non admission of irregularities. The reference of affidavit does not fall in favour of petitioner since to an illiterate person, contents of his/her affidavit has not been explained. Therefore, said affidavits would have no relevancy.
So far as reliance placed by petitioner upon judgments of this Court in Santara Devi and Maniram Yadav (supras) is concerned, it will not be helpful as Division Bench of this Court at Lucknow in Shankar Prasad vs. State of U.P. and others, Misc. Single No. 32679 of 2019, decided on December 08, 2021 has again considered observations made in judgment passed by Full Bench in Puran Singh and others vs. State of U.P. and others, (2010) 2 UPLBED 947, and has held as follows -:
"47. Thus, we answer the reference as under:-
(i) It is held that the parameters for an enquiry to be conducted against the licensee for the irregularities committed by the licensee in terms of the Distribution of Essential Commodities is on broad principles of natural justice where the competent authority shall provide a show cause notice to the licensee indicating the violations and irregularities committed by the licensee with sufficient particularity to enable him to respond to the same and after affording an opportunity of hearing, the decision can be taken by the competent authority by a reasoned and a speaking order. The enquiry envisaged is summary in nature and does not entail a detailed hearing, akin to a departmental enquiry;
(ii) It is held that the words "full fledged enquiry" as used by the Full Bench of this Court in the decision of Puran Singh (supra) has to be read in context with paras 4 and 5 of the Government Order of July 2004 and the scheme therein which merely requires adherence to the principles of natural justice and does not provide for a detailed enquiry involving various stages and steps as are required to be met in disciplinary enquiry against a government servant."
(emphasis supplied)
Reply of petitioner has been considered and it was found that there are complaints of number of cardholders about various irregularities including providing less quantity of foodgrains on higher price. Distribution register was filled only in order to create evidence. The affidavits filed by petitioner are not only verbatim but are defective insomuch as contents therein had not even explained to an illiterate person who put his/her thumb impression. Vague and bald denial to allegations cannot be accepted and that substantial adherence to principles of natural justice was complied with.
The outcome of above discussion is that petitioner is unable to point out any irregularity or illegality in impugned order. Accordingly, petition lacks merit and is dismissed.
Order Date :- 13.2.2023
Nirmal Sinha
