Madhya Pradesh High Court
Gandhi Prathmik Upbhokta Sahakari ... vs The State Of Madhya Pradesh on 2 March, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 WP-5512-2020
The High Court Of Madhya Pradesh
WP-5512-2020
(GANDHI PRATHMIK UPBHOKTA SAHAKARI BHANDER MARYADIT THR. Vs THE STATE OF MADHYA PRADESH AND OTHERS) Gwalior, Dated : 02-03-2020 Shri Harshad Bahirani, counsel for the petitioner.
Shri P.S. Raghuvanshi, Government Advocate for the State. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 17.02.2020 passed by the District Supply Officer, District Ashok Nagar, thereby suspending the license of the petitioner to run the fair price shop.
It is mentioned in the impugned order that at the time of inspection by Food Minister, it was found that the shop run by the petitioner was closed and in spite of every efforts to contact the salesman, he did not appear, as a result of which, the shop was sealed.
It is submitted by the counsel for the petitioner that at the time of the inspection by the Food Minister, lunch hours were going on and, therefore, the shop was closed and, thereafter the food grains were also distributed/sold.
Considered the submissions made by the counsel for the petitioner. Clause 16 of the PDS Scheme 2015 reads as under:-
"1 6 . Punishment and Penalty (1) In case of contravention of any provision of Central I State order or this order, the fair price shop authority letter may be suspended or cancelled and security amount may be forfeited wholly or partially by shop allotment authority, In such case, forfeited amount shall be recoverable from guilty employee of concerning institution.
(2) In case of violation under clause 13 for quantity more than 10 percent of the monthly allocation or repetition of violation under the same clause, a person shall mandatorily be prosecuted under section 7 of Essential Commodities Act, 1955 (No. 10of1955) (3) In case of suspension of a fair price shop, the Fair price shop allotment authority shall issue show cause notice to the concerned fair price shop within 10 days and as far as possible, pass final order within three months.Digitally signed by ABHISHEK CHATURVEDI Date: 03/03/2020 17:46:14
2 WP-5512-2020 (4) Fair price shop allotment authority, after giving reasonable opportunity to fair price shop to submit its representation in writing and following principle of natural justice, may cancel authority letter mentioning the reason thereof:
Provided that, Fair price shop allotment authority shall not allot that fair price shop to any new society/institution till the final disposal of the appeal.
(5) During suspension/ cancellation of a fair price shop, Fair price shop allotment authority shall make alternative arrangement from a nearby fair price shop to ensure distribution of commodities to card holders attached with such shop:
Provided that, a fair price shop of rural area shall not be attached with a fair· price shop in urban area and vice-versa.
(6) If any essential commodity is diverted or distributed to any ineligible person by authorised agency I fair price shop owner, the price thereof shall be recovered, from responsible salesperson I employee/ person at the rate of prevailing market price or economic cost (after reducing cost price), whichever is higher. Such amount shall be recoverable as an arrear of land revenue.
(7) Shop allotment authority may order, in writing, to institution to remove the salesperson of fair price shop, if found guilty, from duties of distribution of commodities of Public Distribution System. Such order shall be binding on institution and the said salesperson shall not be appointed as salesperson in any other fair price shop.
(8) On finding an irregularity in operation of a fair price shop, if it is expedient in the opinion of the Collector, prosecution against chairman or head of the society salesperson I employee of institution may be initiated.
(9) If any action has been contemplated. under the provisions of this order or Co-operative Act against allottee Co-operative society by concerning Deputy Commissioner-cum- Sub Registrar I assistant Commissioner -cum-
Assistant. Registrar, he shall immediately inform the Fair price shop allotment authority in writing."
Thus, it is clear that the final order of suspension is yet to be passed by the authorities. The petitioner may file his reply before the concerning Digitally signed by ABHISHEK CHATURVEDI Date: 03/03/2020 17:46:14 3 WP-5512-2020 authority explaining as to why the shop was closed at the time of inspection by the Minister.
As the final order is yet to be passed, therefore, this Court is of the considered opinion that the petition is premature and arguments are based on the basis of disputed question of fact, which cannot be considered while exercising power under Article 226 of the Constitution of India.
With aforesaid liberty, the petition fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 03/03/2020 17:46:14