FRANCIS VADAKKEL Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The petitioner, an Authorised Wholesale Distributor appointed under the Kerala Rationing Order, 1966, is challenging Exts.P5, P7 and P9 Orders.

(2.) The petitioner states that he was an Authorised Wholesale Distributor (AWD) running AWD-12 in Udumbanchola Taluk. Ext.P1 notice dated 30.10.2014 was served on him alleging that the Taluk Supply Officer (TSO) along with the Rationing Officer inspected his wholesale godown on 30.10.2010 and found variations in stock. The petitioner would state that Ext.P2 Inspection Book maintained in the godown did not disclose any irregularity detected in the alleged inspection conducted on 30.10.2010. The notice was served on the petitioner after four years of inspection. An amount of Rs. 6,59,532/- was sought to be recovered from the petitioner. No calculation statement was given to the petitioner.

(3.) The petitioner denied the allegations contained in Ext.P1 notice and gave Ext.P3 reply dated 23.12.2014. Ext.P4 additional explanation was also submitted on 21.07.2016. After an enquiry, the 3rd respondent-District Collector issued an order rejecting the contentions of the petitioner and the ordering to recover a sum of Rs. 6,59,532/-towards economic cost of ration articles found in stock variation and an amount of Rs. 5,000/- was ordered to be recovered as fine, as per Ext.P5 proceedings dated 04.07.2017.