VINDESHWARI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the petitioner and learned standing counsel appearing on behalf of the State respondents.

(2.) THE petitioner, a fair price shop dealer of Village Jamalmau, Tehsil Sirathu, District Kaushambi, is aggrieved by order dated 11.2.2011 passed by Sub Divisional Magistrate, Sirathu, Kaushambi (respondent no.3) cancelling the fair price shop agreement of the petitioner and the order dated 12.6.2012 passed by Additional Commissioner (Food), Allahabad Mandal, Allahabad, whereby, his appeal no.81 of 2011 has been dismissed as well as the order dated 24.7.2012 rejecting the recall application, as not maintainable.

(3.) A perusal of the impugned orders reveals that the main charge against the petitioner was regarding non supply of the essential commodities to the Gram Pradhan, which were meant for being utilised in preparation of mid day meal for the students. The proceedings started with the complaint dated 25.8.2010 filed jointly filed by Lal Chandra, the Head Master, Prathmik Vidyalaya, Jamalmau and Gram Pradhan Saroj Devi to the Assistant Basic Education Officer, Sirathu, Kaushambi and whereupon the fair price shop license of the petitioner was placed under suspension. He was issued a show cause notice dated 28.12.2010 stating that the petitioner had failed to supply food grains since August, 2010, as a result whereof, the midday meal could not be cooked. It was further alleged that the petitioner had also failed to produce the stock register despite being orally called upon to do so. The petitioner replied thereto on 22.1.2011 contending that the complaint is based on false and concocted assertions. According to the petitioner, the Headmaster of the institution, who had made the complaint, was in collusion with the then Gram Pradhan Smt. Saroj Devi and they in collusion with each other, have stopped accepting the food grains, so that the agreement of the petitioner is cancelled. It was further stated that the petitioner had now supplied the entire balance food grains to the present Gram Pradhan and receipt given by him in this regard was filed alongwith the explanation submitted by the petitioner on 22.1.2011. The petitioner further stated that he was never informed of the inspection allegedly carried out by the Senior Supply Inspector, nor he received any information for producing the stock register, otherwise the same would have been produced before the authorities. The Sub Divisional Officer, Sirathu, Kaushambi, vide impugned order dated 11.2.2011, cancelled the agreement. It is observed that indisputably the petitioner had not supplied food grains for last six months and the same has been done with intent to sell the same in black market. Although, it was noted in the impugned order that the petitioner had now supplied the remaining food grains to the present Pradhan, but the effect thereof has not been taken into consideration. The specific case of the petitioner that the then Pradhan had deliberately not taken the supplies of the essential commodities from the petitioner to manufacture a ground for cancellation of his agreement, has also not been adverted to. It has been further observed that even now the petitioner has not produced the stock register and thus, his agreement is cancelled.