OM PRAKASH RAJPUT Vs. STATE OF M.P.

JUDGEMENT

(1.) In the present case, the petitioner who is a transporter of essential commodities has filed this petition under Article 226 of the Constitution of India against the order dated 7.4.2017 (Annexure P/3) passed by the respondent No.2/Collector, Chhatarpur whereby the Collector has directed the Tehsildar, Naogaon to lodge a criminal complaint against the petitioner for illegally stocking 55.24 quintals of grains, 3 quintals of Sugar and 1200 liters of diesel.

(2.) The petitioner's contention is that the respondent No.2/Collector has no jurisdiction to pass such an order because he is the appellate authority and since the petitioner is an authorized transporter for the purpose of transportation of essential commodities from the base depots of the M.P. State Civil Supplies Corporation to the concerned fair price shops for its distribution and is governed by the Madhya Pradesh Public Distribution System (Control) Order, 2015 (hereinafter referred to as 'the Control Order of 2015').

(3.) The petitioner's further contention is that even assuming for the sake of argument that the petitioner was involved in commission of any irregularity, then also the same would be punishable under clause 16 of the aforesaid Control Order of 2015 and the competent authority shall not pass any order without giving an opportunity of hearing to the aggrieved person.