MOHIT STORE Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioners in W.P.(C) No.1958/2013 and 1971/2013 are running Fair Price Shops bearing Nos. 9097 and 4799 respectively. The fair price shop holder is required to sell the specified food articles such as foodgrains only against the consumer cards registered with them or against the special cards, issued by Food and Supplies Department.

(2.) VIDE notice dated 20.12.2012, the Assistant Commissioner of Food, Supplies and Consumer Affairs, referring to a door to door survey and referring to a number of discrepancies/short-comings found therein, required the petitioner to explain why their respective authorization should not be cancelled and their security be not forfeited. The following were the discrepancies mentioned in the notice, issued to the petitioner in W.P.(C) No. 1958/2013:-

(3.) THE aforesaid notices were challenged by the petitioners by way of two separate writ petitions being W.P.(C) Nos. 1048/2013 and 1011/2013. Vide order dated 08.02.2013, this Court directed the respondents to give an opportunity to the petitioners to file reply to the show-cause notice dated 16.01.2013 as well. The concerned officer was directed to pass an order thereafter. It was also directed that the concerned officer, while passing order, will also have regard to the judgments of this Court in W.P.(C) Nos. 4353/2010 and 8719/2011, wherein the Court had taken a view that mere allegations could not be the basis for passing the cancellation order. Vide order dated 07.03.2013, the Commissioner, Food and Supplies set aside the suspension/show-cause notice dated 16.01.2013, with consequential actions. He also directed the Assistant Commissioner to conduct fresh door to door verification of all the card holders falling under the notified area of the shop, within one month of the receipt of his order. He further directed that based on the fresh survey, further action, if any, against the FPS holder shall be initiated a fresh, following due procedure and following the principles laid down by this Court in W.P.(C) Nos. 4353/2010 and 8719/2011. The Assistant Commissioner (North) was also directed to determine accountability of officials, who were responsible for not taking action against allegation of the allocation of the Specified Food Articles, without verification of the status of the card holders. The petitioners submitted an application to the Assistant Commissioner, for compliance of the order dated 07.03.2013 passed by the Commissioner and allowing them to sell the quota of the specified food articles lying in their shop. The Assistant Commissioner vide order dated 14.03.2013, directed fresh door to door verification and a detailed factual report regarding verification of the address of the card holders and drawl of ration in their names. He further directed the petitioners to ensure that the specified food articles are issued only to valid/active card holders, in the interest of smooth function of Public Distribution System and to remove the sleek possibility of diversion of subsidized food articles.