Kerala High Court
Moosakutty vs The Taluk Supply Officer on 22 July, 2020
Equivalent citations: AIR 2021 (NOC) 30 (KER.), AIRONLINE 2020 KER 468
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942
WP(C).No.1407 OF 2018(S)
PETITIONER/S:
MOOSAKUTTY,
AGED 55 YRS, S/O.USSANAR,
KOMATHAU PARAMBIL HOUSE,VAVULLIAPURAM, P.O,
AALATHUR, PALAKKAD PIN 678 543.
BY ADVS.
SRI.JOHN NUMPELI (JUNIOR)
SRI.V.AJITH
RESPONDENT/S:
1 THE TALUK SUPPLY OFFICER, AALATHUR
PALAKKAD, PIN 678 541.
2 THE DISTRICT SUPPLY OFFICER,
DEPARTMENT OF CIVIL SUPPLIES, CIVIL STATION,
PALAKKAD PIN - 678 001.
3 THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN : 678 001.
4 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPLE SECRETARY TO
GOVERNMENT,DEPARTMENT OF CIVIL SUPPLIES,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1-R4 BY ADV.SRI.RANJITH THAMPAN, ADDL.ADVOCATE
GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.07.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C.1407/2018 2
S.MANIKUMAR, CJ
&
SHAJI P. CHALY, J.
--------------------------------------------------------------
W.P.(C).No.1407 of 2018
---------------------------------------------------------------
Dated this the 22nd day of July, 2020
JUDGMENT
S.Manikumar, CJ.
Instant writ petition is filed for a writ of mandamus, directing the State of Kerala, represented by the Principle Secretary to Government, Department of Civil Supplies (4th respondent) to constitute and make functional the various Vigilance Committees in the State, District and Taluk level, for ensuring transparency and proper functioning of Targeted Public Distribution System by implementing Section 29 of the National Food Security Act, 2013.
2. Petitioner has also sought for direction to the District Supply Officer, Department of Civil Supplies, Civil Station, Palakkad (2 nd respondent) to take appropriate action after considering Exts.P3 and P4 complaints submitted by the petitioner including recovery of losses and penal action.
3. Short facts leading to the writ petition are as under:
Petitioner undertakes social activities relating to equitable distribution of subsidized food grains through Public Distribution System, implemented by the Central Government through the State of Kerala. The Petitioner highlights various illegalities in the implementation of W.P.C.1407/2018 3 National Food Security Act, 2013 while identifying priority households. Several ineligible persons are getting free ration of about 35 Kilograms of food grains. The Petitioner filed Exhibits:P3 and P4 Complaints against inclusion of salaried persons in Antyodaya Anna Yojana priority households. The Petitioner seeks proper implementation of Section:29 of the Act to ensure transparency and proper functioning of Targeted Public Distribution System.
4. Further proceedings shows that as early as on 13.06.2018 Hon'ble Division Bench of this Court has ordered thus:
1. The inefficient functioning of the Public Distribution System under the National Food Security Act, 2013 is highlighted in this case where, the petitioner contends that several ineligible persons are getting food-grains at highly subsidized rate. The other prayer of the petitioner is for implementation of Section 29 of the Act to ensure transparency and proper functioning, of the Public Distribution System.
2. A statement has been filed on behalf of the first respondent where they have indicated, how Exts.P3 and P4 have been dealt with by the authorities. It is further asserted that appropriate Vigilance Committees are being constituted at State level under Section 29 of the Act and this will ensure the distribution, only to the deserving beneficiaries. The installation of e-pose vending machines in the State is in process and with this, further transparency will be ensured and all unfair practice in the Public Distribution System, can be avoided.
3. The Government Pleader has no updated instructions on the current stage of the installation of the e-pose machines and accordingly, on his prayer, the case is W.P.C.1407/2018 4 adjourned by 10 days.
5. On 04.07.2018, when this writ petition came up for consideration, the learned Government Pleader submitted that the District Level Vigilance Committees are to be constituted for effective monitoring of the distribution system and that this process would likely to take six months time. The order passed on 04.07.2018 is extracted hereunder:
"The learned Government Pleader has drawn our attention to the statement filed on behalf of the 4 th respondent. It can be seen from the said statement that, for ensuring transparency and proper functioning of the Targeted Public Distribution System, e-pos (Electronic Point of Sale) machines have been installed in all fair price shops and this is expected to ensure fairness and transparency in delivery of various food items. However, because of the internet connectivity issue in certain high range areas, the e-pos machines are not effectively used and in such places, the fair price shops are still depending on manual transactions for bills and registers.
2. Learned Government Pleader, however, submits that the District Level Vigilance Committees are to be constituted for effective monitoring of the distribution system and this process is likely to take six months time.
3. Having noted the above, we deem it appropriate to post this case for final hearing in due turn."
6. Six months time sought for has already been expired in the beginning of 2019 itself. On this day, when the matter came up for further hearing, on the basis of the instructions dated 21.07.2020 given W.P.C.1407/2018 5 by the Joint Secretary, for the Secretary to Government of Kerala, Food & Civil Supplies (B) Department, Mr.M.R.Sabu, learned Government Pleader submitted that the Government have issued G.O.(Rt) No.126/2020/FCSD dated 20.05.2020, constituting a State Level Vigilance Committee and that request has been made to the District Collectors and District Supply Officers and Taluk Supply Officers to get the nominations and other details for constituting District and Taluk Level Committees respectively. But during the last five months no such initiative could not be pushed forth because of Covid-19 pandemic. It is further submitted that District and Taluk Level committees would be constituted and made functional by the beginning of 2021.
7. Heard the learned counsel for the parties and perused the materials available on record.
8. Section 29 of the National Food Security Act, 2013 deals with setting up of Vigilance Committees and the same is extracted here- under:
"29: Setting up of Vigilance Committees .- (1) For ensuring transparency and proper functioning of the Targeted Public Distribution System and accountability of the functionaries in such system, every State Government shall set-up Vigilance Committees as specified in the Public Distribution System (Control) Order, 2001, made under the Essential Commodities Act, 1955 (10 of 1955), as amended from time to time, at the State, District, Block and fair price shop levels consisting of such persons, as may be W.P.C.1407/2018 6 prescribed by the State Government giving due representation to the local authorities, the Scheduled Castes, the Scheduled Tribes, women and destitute persons with disability."
9. As per the National Food Security Act, 2013, State Level Committees shall perform the following functions:
"(a) regularly supervise the implementation of all schemes under this Act;
(b) inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act; and
(c) inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it."
10. Though writ petition has been filed as early as in the year 2018, contending inter alia that there are irregularities in the distribution of essential commodities, the statute has not been implemented in letter and spirit for constituting various committees in terms of Section 29 of the Act, which enables regular supervision of the implementation of all the schemes under the National Food Security Act, 2013, take appropriate action for violation of the provisions of the Act and address the grievance in case of malpractice of misappropriation of funds.
11. Government have not taken prompt action for setting up of the State/District/Taluk Level Committees for the purpose of enforcing the provisions of the statute.
12. As observed supra, even as early as on 04.07.2018, learned Government Pleader, on instructions has reported to this Court, that the W.P.C.1407/2018 7 process is likely to take six months time. Now more than two years have elapsed. Steps have not been taken for constituting District/Taluk Level Committees. The reason stated is Covid-19 pandemic, and the same is not acceptable.
13. Rule 43 of Chapter 5 of the Kerala Food Security Rules, 2018 is extracted hereunder:
"43. Vigilance Committees.- Vigilance Committees shall be constituted at the State, District, Taluk and Fair Price Shop levels for carrying out the functions as specified in Section 29 of the Act."
14. Rule 45 of the Act deals with the District Level Committees and Rule 46 deals with Taluk Level Vigilance Committees. These Rules are extracted hereunder:
"45. District Level Vigilance Committee.- (1) There shall be a District Level Vigilance Committee in each District consisting of the following members, namely:-
(i) District Collector .. Chairman
(ii) Members of Parliament .. Members
(iii) All the MLAs from the
District .. Members
(iv) District Panchayat President .. Member
(v) Deputy Director, Education .. Member
(vi) District Programme Officer,
Integrated Child Development
Services .. Member
(vii) District Grievance Redressal
W.P.C.1407/2018 8
Officer .. Member
(viii) District Manager of Food
Corporation of India .. Member
(ix) District Level Officer of
Police/Legal Metrology/Motor
Vehicle Department and all Taluk
Supply Officers in the District .. Members
(x) Assistant Manager of the District
Headquarters of Kerala State Civil
Supplies Corporation .. Member
(xi) All Revenue Divisional Officers
in the District .. Members
(xii) One representative from each
political party having
representation in
the Legislative Assembly,
nominated by the District
Collector in case an MLA is
not there from the party in
the district .. Members
(xiii) One representative each from among the members of Corporations and Municipalities as nominated by the District Collector. .. Members
(xiv) Three persons active in the field of food security/consumer protection among whom one shall be woman nominated by the District Collector .. Members
(xv) District Supply Officer .. Convenor (2) Due representation to the Scheduled Castes, Scheduled Tribes, women and destitute persons or Persons with disability shall be ensured in the nomination of non-W.P.C.1407/2018 9
official members in the District Level Vigilance Committee. (3) The Convenor of the District Level Vigilance Committee shall convene the meeting once in a quarter. (4) The quorum for a meeting of a District Level Vigilance Committee shall be ten.
(5) Notice of the meeting shall be given at least ten days in advance.
(6) The Chairman of the District Level Vigilance Committee shall preside over its meetings and in his absence a member chosen by the members from among the members present shall preside over the meeting. (7) The office of the District Supply Officer shall provide necessary administrative assistance to the District Level Vigilance Committee.
46. Taluk Level Vigilance Committee.- (1) There shall be Taluk Level Vigilance Committees in each Taluk in a District, consisting of the following members, namely:-
(i) Revenue Divisional Officer .. Chairman
(ii) Taluk Supply Officer .. Convenor
(iii) Member(s) of Legislative Assembly or duly authorized representatives from the Legislative Assembly Constituencies in the Taluk .. Members
(iv) Presidents of the Block and Grama Panchayats in the Taluk .. Members
(v) District Education Officer/Assistant Educational Officer .. Member
(vi) Child Development Project Officer.. Member
(vii) Taluk Level Officer of Legal Metrology .. Member
(viii) Food Inspector .. Member W.P.C.1407/2018 10
(ix) One representative of each political party having representation in the Legislative Assembly, nominated by the District Collector in case no MLA is present from the political party concerned in the Taluk .. Members
(x) Three persons active in the field of food security/consumer protection among whom one shall be a woman, nominated by the District Collector .. Members"
15. On perusal of those Rules, it is clear that most of the members of either the District Level Vigilance Committee or the Taluk Level Vigilance Committee, as the case may be, are Government Servants. In respect of the District Level Vigilance Committee, the exclusion other than the Government Servants are one representative each from among the members of Corporations and Municipalities as nominated by the District Collector. One representative each from among the members of Corporations and municipalities as nominated by the District Collector. Three persons active in the field of food security/consumer protection among whom one shall be woman nominated by the District Collector.
16. Similarly, in respect of Taluk Level Vigilance Committee, the following are non-Government officials:
"One representative of each political party having representation in the Legislative Assembly, nominated by the District Collector in case no MLA is present from the political party concerned in the Taluk. Three persons active in the field of food security/consumer W.P.C.1407/2018 11 protection among whom one shall be a woman, nominated by the District Collector. "
17. National Food Security Act, 2013 was introduced by the Union Government, taking into account the fact that eradicating extreme poverty and hunger is one of the goals under the Millennium Development Goals of the United Nations. It cast responsibility on all State parties to recognise the right of everyone to adequate food and the food security means availability of sufficient food grains to meet the domestic demand as well as access, at the individual level, to adequate quantities of food at affordable prices. Article 47 of the Constitution of India, inter alia, provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. So also, the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights, to which India is a signatory, also cast responsibilities on all State parties to recognise the right of everyone to adequate food. In pursuance to the constitutional and international conventions obligations, providing food security has been focus on the Government's planning and policy. That is how, National Food Security Act, 2013 was enacted by the Union Government to ensure food security of the people, however, continues to be a challenge. The Food Security Act was introduced after the Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution has submitted its report and made recommendations among other security measures provided under the Act, 2013. The constitution of the monitoring committees is also a vital factor to be undertaken by the State Government for the implementation of the provisions W.P.C.1407/2018 12 of the Act, 2013.
18. There is no inordinate delay in constituting District/Taluk Level Vigilance Committees. The reason cited for the inordinate delay in constitution of District/Taluk Level Vigilance Committees is Covid-19 pandemic and the same is not acceptable. However, taking note of the provisions for constitution of State/District Level Committees, we hereby direct the Secretary to Government, Department of Civil Supplies to ensure constitution of District/Taluk level Vigilance Committees as expeditiously as possible, at any rate within three months time from today. We also make it clear that no time extension would be granted.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE DG W.P.C.1407/2018 13 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER IN WPC NO.
7378 OF 2013 DATED 22/03/2013 OF THE HONOURABLE HIGH COURT OF KERALA.
EXHIBIT P2 THE TRUE COPY OF THE REPORT DATED 22/05/2013 SUBMITTED BY INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU BEFORE THIS HONOURABLE COURT.
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 29/06/2017 SUBMITTED BY THE PETITIONER, BEFORE THE DISTRICT COLLECTOR, PALAKKAD (3RD RESPONDENT) WITH TRUE ENGLISH TRANSLATION.
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 23/09/2017 SUBMITTED BY THE PETITIONER,BEFORE THE STATE OF KERALA REPRESENTED BY PRINCIPLE SECRETARY TO GOVERNMENT, DEPARTMENT OF CIVIL SUPPLIES, THIRUVANANTHAPURAM.(4TH RESPONDENT), WITH TRUE ENGLISH TRANSLATION.
EXHIBIT P5 THE TRUE COPY OF THE FORWARDING LETTER DATED 27/10/2017 TO 2ND RESPONDENT TO THE DISTRICT SUPPLY OFFICER, DEPARTMENT OF CIVIL SUPPLIES, CIVIL STATION, PALAKKAD, PIN 678 001. WITH TRUE ENGLISH TRANSLATION.
EXHIBIT P6 THE TRUE COPY OF THE CIRCULAR NO:24/2016 DATED 22/09/2016 ISSUED BY VIGILANCE AND ANTI-CORRUPTION BUREAU.