RAJNISH KUMAR TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this present petition while praying for quashment of the impugned order of detention dtd. 14/2/2022 which is contained in Annexure P/5.

(2.) The facts of the case reveal that the petitioner is working as salesman in Government Fair Price Shop, Khodri No.1 under Anusuchit Jaati seva Sahakari Samiti Nigwani, Tahsil-Kotma, District-Anuppur. On account of some complaint, a show cause notice was issued to the present petitioner being salesman of the Government Fair Price Shop in question as well as one Dinesh Kumar Bhatt who was Manager of the aforesaid Fair Price Shop.

(3.) The show cause notice was to the effect that there were irregularities in distribution of the food grains amongst the beneficiaries and the allegations of misappropriation of food grain as well and not maintaining the stock properly. This show cause notice was issued on 2/2/2022. Here it is relevant to mention that the notice in question was not against the petitioner in person, on the contrary, the same was addressed to the society i.e. Anusuchit Jaati Seva Sahakari Samiti Nigwani and to the shop. Yet, it appears that the petitioner being salesman of the shop submitted his reply to the said show cause notice on 4/2/2022. However, all of a sudden, another show cause notice was issued to the petitioner and the Manager dtd. 4/2/2022 on the same allegations which were leveled in the show cause notice dtd. 2/2/2022. The petitioner submitted his reply to the said show cause notice dtd. 4/2/2022., however, the reply was submitted by the petitioner on 14/2/2022 and on 14/2/2022 itself, the Collector-cum-District Magistrate, District-Anuppur, in purported exercise of powers conferred under Sec. 3 of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 passed an order of detention against the present petitioner as well as one Dinesh Prasad Rao (Bhatt) who is Manager of the aforesaid Fair Price Shop.