Bombay High Court
Sewa Sahakari Sanstha Thru. ... vs State Of Mah. Thru. Secty. And 2 Ors on 4 April, 2017
Bench: Ravi K. Deshpande
1
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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
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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
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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
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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.
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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.
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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
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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
