GURDEV DUTT SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition, ostensibly in public interest, is to seek quashing of order dated 26-11-1999, Annexure P-15, whereby Government of India has concurred to the proposal of the State Government subject to modification, to amend sub-clause (4) and (6) of Clause 7 of the Punjab Rice Procurement (Levy) Order, 1983 (hereinafter to be referred as the "Levy Order "). The facts leading to the said challenge are that.

(2.) The State of Punjab contribute major portion of food grains to the Central Pool maintained by the Government of India for their equitable distribution in the deficient States in the country. The Food and Supplies Department, Punjab, has quality control staff to make sure that the stocks of food grains procured are of fair average quality and in any case are within the specifications laid down and not contrary to the provisions of the Prevention of Food Adulteration Act. To maintain quality control, the staff of the department draws samples of the food grains offered to the State Government for contribution to the Central Pool and accept the same only on its having been found to conform to the specifications laid down under the Statutory Rules.

(3.) In terms of the provisions of Section 3 read with Section 5 of the Essential Commodities Act, 1955, the State Government with the prior concurrence of the Central Government has issued the Punjab Rice Procurement (Levy) Order, 1983. In terms of such Levy Order as amended would show that a licensed miller is required to sell a specified percentage of his rice produce to the Government which should conform to the specifications laid down under the Levy Order. The percentage of the stocks to be offered to the Central Government are notified each year. The procurement is done only after the samples are drawn in the manner prescribed under clause 7(4) of the Levy Order and accepted only after it is declared fit on analysis by the quality Control Staff in the Foodgrains Laboratory. It has been pleaded that the Food Corporation of India initiated a move to close down the Food Grain Laboratories run by the Punjab Government for analysis of rice in terms of clause 7(4) of the Levy Order. As per Levy Order, three samples of rice are contemplated to be taken jointly by the authorised representatives of the State Government and the Food Corporation of India in the presence of licensed miller or licensed dealer or his authorised agent. One of the sample is required to be sent to the Food Grains Laboratory established by the Government to be analysed jointly by the Government analyst and authorised analyst of the Food Corporation of India in the said laboratory. By virtue of amendment sought in the Levy Order, joint sampling of rice by the authorised representative of the Government and its analysis by the Government analyst and that of Food Corporation of India is done away with in terms of the concurrence received from the Government of India.