People's Union for Civil Liberties v. Union of India
2006-07-12
ARIJIT PASAYAT, S.H.KAPADIA
body2006
DigiLaw.ai
JUDGMENT : 1. Delay condoned. 2. Application for intervention is allowed. 3. After having heard learned counsel for the parties, we find that there is practically no monitoring over the sums allotted for the Public Distribution System (in short PDS) by the Central Government, and its utilisation. The amount involved, we are told, is in the neighbourhood of Rupees Thirty Thousand Crores annually. Certain suggestions have been given by Mr. Colin Gonsalves, learned senior counsel, as to the modalities to be adopted in such cases. At the present stage, we feel it would be necessary to constitute a Central Vigilance Committee, headed by a retired Judge of this Court to be assisted by Dr. M.C. Saxena, the Commissioner earlier appointed by this Court. We request Mr. Justice D.P. Wadhwato head the Committee. 4. The Committee shall look into the maladies which are affecting the proper functioning of the system and also suggest remedial measures. For this purpose, the Committee shall, amongst other things, focus on: (a) The mode of appointment of the dealers, (b) The ideal commission or the rates payable to the dealers, and (c) Modalities as to how the Committees already in place, can function better. (d) Modes as to how there can be transparency in allotment, of the food stock to be sold at the shops. 5. While dealing with the question of the mode of appointment, the Committee shall also suggest as to a transparent mode in the selection of the dealers. The Committee shall also indicate as to how more effective action can be taken on the report of the Vigilance Committees already appointed. It goes without saying that the same shall be in addition to the legal remedies available to any citizen in setting law into motion. We request the Committee to give its report within a period of four months so that further instructions/directions can be given. 6. The Committee would invite suggestions from general public, organizations and would consider the suggestions, if any received, in the proper perspective. 7. We are giving this unusual direction in view of the almost accepted fact that large scale corruption is involved and there is hardly any remedial step taken to put an end to this. The ultimate victim is the poor citizen who is deprived of his legitimate entitlement of food grains.
7. We are giving this unusual direction in view of the almost accepted fact that large scale corruption is involved and there is hardly any remedial step taken to put an end to this. The ultimate victim is the poor citizen who is deprived of his legitimate entitlement of food grains. The Public Distribution System is intended to ensure that a citizen gets the food grains at a reasonable price keeping in view his economic standards. 8. The expenses including honorarium to the Chairman and the Member Convener and other financial involvements of the Committee shall be borne by the Food Ministry of the Central Government. The honorarium shall be same as the pay and allowances of a sitting Judge of this Court and a Joint Secretary of the Union of India. The necessary infrastructure shall be provided by the concerned Ministry within three-weeks from today. This direction is initially given for the Government of Delhi to be followed on All India basis. 9. List the matter after the Report is filed. I.A. NOS.34, 35, 40 AND 49 10. List on 27th July, 2006. IA. NOS.58 AND 59 11. Mr. Ravindra K. Adsure, learned counsel accepts notice on behalf of the State of Maharashtra. Response, if any, shall be filed before the next date of hearing, i.e., 27th July, 2006. I.A. NOS.60 AND 61 12. Learned counsel for the State of Maharashtra waives notice. However, it is stated that an affidavit indicating the factual position shall be placed on record before the next date., i.e. 27th July, 2006. S.L.P.(C) NO.17906 OF 2003 13. Delay condoned. 14. We find that the grievance made in this petition can be considered by the authorities in the light of orders to be passed in the connected matters, if occasion so arises. This special leave petition is, accordingly, disposed of.