TAMIL NADU ANAITHU KOOTURAVU NIYAAYA VILAI KADAI PANIYALARGAL SANGAM Vs. COMMISSIONER OF CIVIL SUPPLIES

JUDGEMENT

(1.) In the first Writ Petition in W.P.No.22043 of 2008, the petitioner is a Trade Union functioning in the various fair price shop run by different Co-operative Societies in Tamil Nadu and its federation of such Unions under the various Co-operative Societies and the prayer made was to challenge the circular issued by the first respondent-Commissioner of Civil Supplies, dtd. 19/8/2008. By the impugned circular, the Commissioner of Civil Supplies gave certain guidelines for recovery of amount for the loss caused by the employees working in the fair price shops dealing with the essential commodities.

(2.) By the impugned circular, it is stated that if there was any loss of the commodities, depending upon the commodity, the rate per kilogram specified, shall be recovered. The amounts to the extent of rate fixed for the fair price items should be retained and the balance amount should be credited to the Government account. Apart from the recovery of loss caused by the employees, necessary disciplinary action should also be taken. It was also indicated that during the audit, if the stocks were found to be in excess of the supply, even for that, action should be initiated against the employees.

(3.) The first Writ Petition was admitted on 30/9/2008. Pending the Writ Petition, an interim stay was granted. The interim stay was subsequently allowed to be continued and liberty was given to the Department to file appropriate vacate stay application. Accordingly, the vacate stay application in M.P.No. 1 of 2009 was filed together with the supporting counter affidavit dtd. 1/12/2008. For the reasons best known, the application was not brought out for any hearing.