Kitab Kaur Kod vs Govt. Of Nct Of Delhi And Ors.
2002 Latest Caselaw 2004 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties, writ petition is taken up for disposal.

2. Learned counsel for the parties have been heard. The petitioner by this writ petition assails the order bearing No. AC(N-W)/F&S/2001/3370 dated 22.10.2001 (hereinafter referred to as 'the impugned order'). By the impugned order, the Assistant Commissioner cancelled the license bearing No. 2463/81 of the petitioner for the alleged contravention and offences committed by the licensee.

3. Suspension order cum show cause notice bearing No. AC-NW/F&S/20017713 dated 4.5.2001 had been issued earlier, by which the license of the petitioner was suspended. Petitioner had assailed the said order by filing an appeal before the Commissioner (Food and Civil Supplies). Learned Commissioner (Food and Civil Supplies), vide its order dated 10.5.2001, quashed the suspension and directed that the petitioner be allowed to operate the kerosene oil depot (KOD) till final decision was taken on the show cause notice.

4. The petitioner in the event filed a reply to the suspension order cum show cause notice dated 15.5.2001. The grounds taken in the suspension order cum show cause notice were that out of 1849 Blue Cards attached to the KOD, 263 were found to be gas users, 851 Blue Card holders were found to be not residing at given addresses, 697 addresses were not traceable and 38 were found to be vacant plots. The respondent found in an vigilance enquiry that the petitioner had been selling and releasing kerosene oil despite the Blue Card holders having gas connections and not residing at their given addresses. A large number of card holders were not traceable but kerosene oil was being released on receipts issued in their name.

5. The petitioner filed his reply dated 15.5.2001, wherein he took the position that the petitioner had been running the KOD since 1981 without any complaint. Counsel for the petitioner submitted that Blue Cards had been issued by the Department and in case these cards had been issued for non-residents or plots which were vacant, the responsibility rested with the department. Counsel for the petitioner submitted that their appeared to be the collusion between the card holders and the officials of the Department, who had issued the Blue Cards despite the said persons having gas connections in the house.

6. The Assistant Commissioner (Food and Civil Supplies) vide memorandum of 20.8.2001 notified the petitioner that reply filed by him has been found to be unsatisfactory and gave another opportunity of hearing to the petitioner on 28.8.2001. The petitioner in response elaborated his defense and stated that the Blue Cards which had been issued were also attached to fair price shops bearing Nos. 6311, 7723, 8498 and 8667. Petitioner contended that if the blue cards were bogus and were in respect of residents, who are not non-existent then similar would be position for the cards for the fair price shops. Petitioner submitted that curiously no action had been taken against the fair price shop holders, who are having these cards. The Assistant Commissioner (North-East) issued another memorandum dated 4.8.2001, where it was reiterated that the KOD license is responsible to issue kerosene oil only to genuine card holders. The issuance of kerosene to 263 gas users and others who are not found residing or non-existing bogus users was no account of the petitioner. As regards the petitioner's contention that the non genuine cards were also attached tot he fair price shops, it was stated that the action was being separately taken.

At this stage, I may notice another submission made by the counsel for the petitioner. Learned counsel attempted to urge that the impugned orders has been passed in violation of the principles of natural justice, in as much as petitioner had been called for hearing vide annexure P.10 and P.11 on 30/31.10.2001, while the impugned order was passed on 22.10.2001, without waiting for the said hearings. Learned counsel for the respondent produced the record to show that the said memoranda did not relate tot he subject matter of the impugned order. It related to other offences in respect of KOD for which separate proceedings have been initiated. Learned counsel for the petitioner after seeking instructions does not press this ground of violation of principles of natural justice.

7. Be that as it may, the impugned order has been passed by the authorities after giving due opportunity to the petitioner to explain his position. Allegations against the petitioner are of a serious and grave nature. It is the respondent's case that the petitioner has been utilising the entire quota of 23200 ltrs. of kerosene per month and the said kerosene oil is being sold in balck-market in the garb of supplies to the blue card holders, when on a vigilance enquiry 263 were found to be gas users, 851 were found to be not residing at given addresses and 38 to be vacant plots and 687 addresses were not traceable during the door to door verification. There is hardly any credibility or merit in the petitioner's submission that this inspection was not carried out along with the petitioner, otherwise she would have shown residents at the given addresses.

On the one hand, the petitioner is claiming that the cards having been issued by the respondents, the responsibility rests with the respondents, while at the same time it is sought to be urged that cards were issued to bonafide residents. The authorities after due enquiry and verification found contravention of license terms. Due opportunity was given to the petitioner to explain and show cause against the proposed action. There is no ground made out to interfere with the findings of fact in the exercise of writ jurisdiction.

8. I find there is considerable substance in the petitioner's assertion that the contraventions of license terms and sale of kerosene oil in balck market, for which the petitioner's license for kerosene oil depot has been cancelled, could not have been carried out without the collusion and complicity of the officials of the Department. 851 blue cards to non-existent customers and issuance of 263 cards to gas users could not have been issued without the complicity of the personnel of the Department. Besides 697 cards are stated to have been issued to those not found to be residing at the addresses given. It is also the duty of the Department to have the cards periodically checked and verified and in case card holders are not residing at the address, the cards ought to be cancelled. Moreover, petitioner has rightly pointed out that these cards also bare attached to several fair price shops. Though the Department in its response to the petitioner stated that action was going to be taken for cancellation of the said cards attached to Fair Price Shops. No information is available as to the action taken.

9. I am of the view that these bogus cards or card issued to non-existent residents or blue cards in respect of vacant plots, could not have been issued without the collusion and complicity of the personnel of the Department.

10. Let an enquiry be conducted by the Additional Secretary, Food and Civil Supplies, Govt. of NCT to investigate and report how cards were issued to Gas users and to others who were not residing at the given address as also to untraceable persons and in respect of plots, which were still vacant. The Addl. Secretary, Food and civil Supplies, shall also fix responsibility and recommended disciplinary action that needs to be taken as also corrective action, including reforms in procedure to prevent the recurrence of such incidents. The enquiry be completed within three months and the report be filed in this Court.

11. Writ petition stands disposed of except for the purposes of follow up on the action taken report, matter be renotified on 7.4.2003.