VINAY CONSUMERS CO-OPERATIVE SOCIETY LTD., BY ITS PRESIDENT SRI. K.R. GANGARAJU S/O. RANGAPPA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARMENT OF FOOD AND CIVIL SUPPLIES, THE DEPUTY COMMISSIONER COMPETENT AUTHORITY UNDER THE KARNATAK

JUDGEMENT

(1.) THE Official Memorandum dated 11.11.2010 issued by the Deputy Commissioner, Davanageree District, Davanager thereby holding that the enquiry conducted by the Committee constituted in this regard into the allegations of illegality and irregularities committed by the Petitioner -society in the matter of distribution of essential commodities through the fair price depot allotted to it did not disclose transparency of the actual facts and therefore deserved to be ignored warranting re -enquiry by appointing another committee is called in question in this writ petition.

(2.) THE undisputed facts discloses that certain allegations were made against the Petitioner -Society is Respondent No. 3 herein alleging irregularities in his distribution of essential commodities through the public distribution system. 'The Deputy Commissioner Davanagere, directed an enquiry kite these allegations. A Committee was constituted to inquire into the matter and submit its report. Accordingly, the Committee submitted its report dated 4.11.2010 to the Assistant Director, Food and Civil Supplies vide Annexure D reporting that there was no difference in the physical stocks. No irregularities were also pointed out in the said.

(3.) ONCE , an enquiry is conducted and a report is submitted which, is in favour of the person against whom enquiry is initiated, before subjecting the Petitioner for a fresh enquiry on the ground that the report of the enquiry Committee suffered from some errors, it will be necessary for the competent authority to afford an opportunity of hearing to the person likely to be effected by subjecting him again to another enquiry. Normally, such further enquiry is not resorted to unless some serious lapses are noticed in the report submitted.