K S VEMANNA Vs. DEPUTY COMMISSIONER CHICKBALLAPUR

JUDGEMENT

(1.) This is third round of litigation by Petitioners.

(2.) The background of these cases are that based on the complaint by villagers of Mudulapalli and Kammaravaripalli villages against the third Respondent, Food Sheristedar and Food Inspector conducted enquiry on 27.07.2007 and found as many as nine irregularities. Based on the said report, mahazar was also drawn in the presence of the cardholders. Inspite of that, first Respondent proceeded to close the proceedings without holding any enquiry. Hence the Petitioners herein were forced to file petition in W.P. No. 16096/2007 (GM-PDS), which came to be allowed by an order dated 18.01.2008 with a direction to second Respondent to withdraw and cancel license of Respondent No. 3 for distribution of foodgrains and to make alternative arrangement. It is seen that the said order passed in W.P. No. 16096/2007 was modified in W.A. No. 377/2008 to the effect that Respondent No. 1 was directed to hold fresh enquiry and thereafter to take appropriate steps in accordance with the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, pursuant to that, the impugned order in Annexure - "G" is passed by Respondent No. 1. Perusal of the said order clearly discloses that Respondent No. 1 has not implemented the direction issued by the Division Bench of this Court in W.A. No. 377/2008 wherein the direction issued by this Court is as under:

(3.) Reading of the aforesaid direction clearly indicate that the first Respondent was directed to conduct an enquiry as contemplated under Clause 12(1) of the Karnataka Essential Commodities (Public Distribution System Control) Order, 1992, which reads as under: