Madhya Pradesh High Court
Ramlakhan Sharma vs The State Of Madhya Pradesh Thr on 30 November, 2016
1
W.P.No.2764/2016
(Ram Lakhan Sharma vs. State of M.P. & Others)
30.11.2016
Shri Vinod Pathak, learned counsel for the petitioner.
Shri Praveen Newaskar, learned Govt. Advocate for the State.
1. The present PIL has been filed raising public cause that the State
and its functionaries are lax in implementing the Govt. scheme in
regard to distribution of Wheat, Sugar, Kerosene and other articles
distributed under Pubic Distribution System (PDS) and in this
background relief is sought for direction for proper implementation of
the PDS so that the food grains and other essential commodities in
requisite quantity and quality reach the consumer and also for a
direction to invoke penal provisions to prevent illegality in the process
of food distribution.
2. Return filed by the respondents No.1, 3 and 4 inter alia
discloses thus :-
"That, from bare perusal of the aforesaid report, it reveals that wheat for the relevant year 2010 to 2013 was supplied to APL Card holders and therefore for submitting aforesaid inquiry report, inquiry report, certain statement of villagers were taken and it was found that wheat was supplied by the society to the villagers but from bare perusal of the report, it reveals that there is violation of Clause 10.4 and 18 of the M.P. Public Distribution Control 2015, therefore in view of the aforesaid report, matter was sent by the District Supply Officer to the SDO Ambah for taking against the society namely Sewa Sahakari Samiti Khadihar. Copy of the report dated 7.06.2016 is enclosed herewith and marked as Annexure R/2. In pursuance to the aforesaid communication, the SDO has already issued notices to the society. Copy of the aforesaid show cause notice is enclosed herewith with marked as Annexure R/3 and the SDO will take appropriate action against the concerning authority in accordance with law, hence present petition as filed by petitioner being wholly misconceived, deserves to be dismissed."
3. The above response indicates that preventive and punitive action 2 W.P.No.2764/2016 has been taken by the State and its functionaries to check violations of the provisions of the M.P. Public Distribution System (Control) Order, 2015.
4. Though initiation of punitive process appears to made but the said needs to be brought to it's logical conclusion by passing appropriate order of penalty with the object to ensure that the purpose and intent of the Public Distribution System (PDS) is not hijacked by unscrupulous elements thereby preventing the benefits under the Scheme from reaching the deserving.
5. Accordingly, the petition is disposed of with a direction to Collector, District Morena to ensure supervision of proper effective and truthful distribution of essential commodities and the food grains under the Public Distribution System (PDS), and the erring officials and other persons involved in the process of implementation of the Scheme are dealt with with strong hands under the law by taking appropriate preventive and punitive action.
6. Periodical report once every month be filed by Collector, District Morena with the Registry of this Court to show compliance of this order.
7. The Principal Registrar is directed to keep a watch on the said compliance report filed and if anything is found amiss then the same be put up in the shape of PUD before this Court.
No cost.
(Sheel Nagu) (S.K. Awasthi)
Judge Judge
AK/-