Rajasthan High Court - Jodhpur
Sahi Ram Poonia & Anr vs State Of Rajasthan & Ors on 19 April, 2018
Bench: Sangeet Lodha, Virendra Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 8997 / 2017
1. Sahi Ram Poonia S/o Sh. Chuna Ram Ji, Aged About 46 Years,
Resident of Village Post Mithadiya, Tehsil Kolayat, District Bikaner.
2. Fakir Chand Vyas S/o Sh. Kewal Chand Ji Vyas, Aged About 78
Years, Resident of D-644, Murlidhar Vyas Colony, Bikaner.
----Petitioners
Versus
1. State of Rajasthan Through the Principal Secretary, Food and
Supply Department, Govt. of Rajasthan, Jaipur.
2. The Divisional Commissioner, Bikaner Division, Bikaner.
3. The District Collector, Bikaner.
4. The District Supply Officer, Bikaner.
5. The Sub Division Officer, Kolayat, Bikaner.
6. The Tehsildar, Kolayat, District Bikaner.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Pramendra Bohra
For Respondent(s) : Mr. Parvez for Mr. Rajesh Panwar, AAG
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR Judgment 19/04/2018
1. This PIL has been filed by the petitioners claiming the reliefs as under :
(i) The respondents may kindly be directed to ensure food grains supply at village Metharia, Phoolasar, Girajsar, Girandi, Bajju, Ranjitpura, District Bikaner in true spirit of the Act of 2013.
(2 of 5) [CW-8997/2017]
(ii) That the respondents may kindly be directed to initiate an inquiry in regard to embezzlement of food grains at aforesaid places and further action may be taken against the government authorities as well as fair price of dealers.
(iii) That the respondents authorities may kindly be directed to initiate disciplinary proceedings against the local responsible authorities of the respondent department including the District Supply Officer Bikaner.
(iv) Any other relief to which the petitioner is entitled, may be granted in his favour.
(v) The writ petition may be allowed with costs.
2. Precisely, the grievance raised by the petitioners is that villages Metharia, Phoolsar, Girajsar, Girandi, Bajju, Ranjitpura of Tehsil Kolayat, District Bikaner, the consumers, ration card holders are being not provided food grains at the fair price in violation of the provisions of the National Food Security Act, 2013. The allegations are that the distribution of food grains is not made to the persons entitled for supply at fair price and the same stand misappropriated by the fair price shop keepers with connivance of authorities of the Department of Food Supply, Government of Rajasthan, by making fake entries in the record. The petitioners while giving some details of misappropriation supported by documentary evidence have sought directions against the persons indulged in the embezzlement. It is averred that despite repeated representation being made, no action is taken by the State authorities.
(3 of 5) [CW-8997/2017]
3. A reply to the petition is filed on behalf of the respondents taking the stand that the fair price shops located in the aforesaid villages are effectively supplying the food grains, kerosene and sugar to all the card holders, which are selected as per the National Food Security Act. It is averred that out of the 19 persons named by the petitioners, 5 have been supplied with the ration material after authentication and verification by Point of Sale('POS') Machine. It is submitted that since September, 2016, the complete process of supply of food grain has been switched over from manual register to POS Machine as per order dated 5.8.16, issued by the Department of Food and Civil Supplies.
4. The petitioners have placed on record certain documents by way of an additional affidavit showing that while increasing the number of units by creating fake record, fair price food articles supplied have been misappropriated.
5. A counter to the additional affidavit has been filed by the respondents taking the stand that on the basis of the material placed by the petitioners, the inspection of fair price shops was conducted by a Joint Inspection Team headed by Naib Tehsildar, Kolayat, the petitioner herein, also accompanied the Inspection Team. It is stated that the fair price shop keepers found indulged in irregular practices, were issued notices and disciplinary actions are being taken against them. The authorisation of some of the Fair Price Shops were suspended. Further, the ration cards of individuals found dead are under process of cancellation. It is submitted that since April, 2017, the distribution of ration supplies (4 of 5) [CW-8997/2017] is being done after verification of Aadhar and Biometric Data of the consumers through POS Machines and thus, effective measures have been adopted to curb the irregularities and duplicity of ration card.
6. Learned counsel appearing for the petitioners submitted that since April, 2017, the supply is being regulated on the basis of Aadhar and Biometric Data of the consumers, but then the respondents have not come with the specific stand regarding the embezzlement of food grain and other fair price articles by the supplier in connivance with the authorities of the Department of Food and Supply during the period from year 2013 to 2016. Learned counsel submitted that though the authorisation of some of the fair price shop keepers have been suspended but no action whatsoever has been taken against the authorities with whose connivance the consumers were deprived of the supply of food grains. Learned counsel submitted that the entire matter deserves to be investigated appropriately and the action needs to be taken against the fair price shop keepers and the officials of the Department of Food and Supply, who are found guilty of embezzlement.
7. Learned counsel appearing for the respondents submitted that the appropriate action has already been initiated against the fair price shop keepers indulged in committing irregularities and illegalities in supplying the fair price articles to the consumers. It is submitted that if any of the official of the Department of Food and Supply is found indulged in illegal activities as alleged, the appropriate action including the disciplinary action shall be taken (5 of 5) [CW-8997/2017] against them.
8. In the considered opinion of this Court, the matter regarding the irregularities and illegalities committed in supplying the fair price articles to the consumers at the places specified needs to be inquired into fairly by the appropriate authority of the Government and the stern action deserves to be taken against the persons found guilty of misappropriating the food articles meant for distribution to the consumers.
9. Accordingly, the petition is disposed of with a direction to the Secretary, Department of Food and Supply, Government of Rajasthan to make an inquiry into the allegations of misappropriation levelled against the Fair Price Shop Keepers and the Officials of the Department of Food and Supply and take appropriate action against them in accordance with law. The inquiry shall be concluded expeditiously, in any case within a period of three months from the date of receipt of certified copy of this order. No order as to costs.
(VIRENDRA KUMAR MATHUR), J. (SANGEET LODHA), J. vij75