KRISHAN LAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner-Krishan Lal has approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for mandamus for issuance of direction to respondent Nos. 4 and 5 to hold an enquiry on the representation dated 25.10.2012 (P-4) of the petitioner that most of depot holders of Ambala in connivance with the Food and Supplies Department, Haryana have got made fictitious BPL ration cards and are selling the rationed items like kerosene oil, wheat etc in black market.

(2.) Brief facts of the case are that the petitioner was granted license to run a ration depot at Ambala in March, 1977 and is running the ration depot in rented shop situated at Old Hissar Road in Ward No. 11, Ambala city honestly and sincerely from the year 1977. The petitioner is in litigation with the land lord in respect of rented shop and the same is pending in this Court. The landlord damaged some portion of the rented shop, against which the petitioner has filed a contempt petition in this Court. The petitioner made an application on 20.07.2009 seeking permission for storing of ration goods at the residence of the petitioner since the rented shop had been damaged. Respondent No. 3-Food and Supplies Department suspended the supply of ration depot vide letter dated 28.07.2009 and stopped the supply of the ration goods. On the same day i.e on 28.07.2009, a show cause notice dated 28.07.2009 was issued by Food and Supplies Department to the petitioner that why the supply of the ration of the petitioner be not suspended. The petitioner gave reply dated 03.08.2009 to the show cause notice dated 28.07.2009. The petitioner then filed an appeal on 26.11.2009 before Deputy Commissioner against the order dated 13.11.2009, but the Deputy Commissioner did not take any action. Thereafter, the petitioner approached the Lok Ayukt Haryana for taking action against . The Lok Ayukt sought the comments from District Foods and Supplies Controller, Ambala on the complaint filed by the petitioner. The Lok Ayukt gave directions to the D.C. Ambala to decide the appeal within three months, who decided the appeal in favour of the petitioner and passed an order that the supply of ration depot of the petitioner be restored. It took two years for the D.C. Ambala to decide the appeal but the D.C. Ambala did not take any action against the guilty officers. The petitioner alleges that Dharm Singh, Food and Supplies Inspector who was posted at Ambala for the last 15 years, is unnecessary harassing the petitioner.

(3.) On 18.10.2009, the petitioner sought the information under RTI Act from PIO of Food Supplies Department (P-1). On 26.10.2009, the petitioner received a letter from Food and Supplies Department directing the petitioner to deposit a sum of Rs.30292/- for the supply of information under RTI Act. On 27.10.2009, the petitioner deposited the amount of Rs. 30,292/- with Food and Supplies Department. On 16.11.2009, a letter was received by the petitioner, asking the petitioner to collect the desired information. However, no information was supplied to the petitioner. On 22.11.2009, the petitioner filed an appeal before the Appellate Authority under the RTI Act. On 27.12.2010, the appeal was allowed and the PIO was directed to provide the information free of cost but no order has been passed to refund the amount of Rs.30,292/- But till date, neither the information has been supplied to the petitioner under the RTI Act nor the money deposited by the petitioner has been refunded (P-2). Thereafter, the petitioner filed an appeal before the State Information Commissioner, Haryana alleging that the PIO is not supplying the information and not making the refund of amount of Rs.30,292/- On 24.05.2011, State Information Commissioner, Haryana was pleased to dispose of appeal and direction was given to PIO to supply the information. But till today, no information has been supplied so far.