THE SECRETARY Vs. THE ADDITIONAL DIRECTOR FOR FOOD

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 27.11.2015 passed by the respondent No.3 at Annexure-E and the order dated 28.04.2015 passed by the respondent No.1 impugned at Annexure-D to the petition.

(2.) The petitioner was granted the authorization to run a Fair Price Depot in the year 2004-05 under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. According to the petitioner, the distribution of the food grains to the cardholders was being made diligently by the petitioner. When this was the position, the competent authority, on a random check relating to the activities of the petitioner, have noticed that the distribution of the essential commodities in respect of 17 cards is contrary to the procedure laid down, had issued the show cause notice dated 22.09.2014. The petitioner, no doubt made a reply dated 23.10.2014. Subsequent thereto, the order dated 28.04.2015 is passed whereunder, the amount to be recovered from the petitioner was quantified and since the petitioner was alleged to have violated the terms, the authorization was also cancelled. The petitioner claiming to be aggrieved by the same was before the Appellate Authority, who has considered the appeal and dismissed the same through the order dated 27.11.2015 which is also impugned in this proceedings.

(3.) The respondents have filed their objection statement. They seek to sustain the action taken against the petitioner and in that regard, it is contended that the 17 cards for which the ration was drawn by the petitioner was against the bogus ration cards and therefore, the action as has been taken is in accordance with law. It is contended that in such circumstance, when there is a violation of the procedure, the action as taken against the petitioner is justified and does not call for interference.