JUDGMENT Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ram Sagar Yadav, learned counsel for the petitioner in the leading writ petition and Smt. Kamala Devi Mishra, learned counsel for the petitioner in the connected writ petition. I have also heard learned standing counsel as well as learned counsel for the Gram Sabha. With the consent of the learned counsel for the parties, Writ-C No. 3253 of 2017 is treated as leading writ petition. 2. Petitioner in Writ-C No. 3253 of 2017 is resident of Village Panchayat Shoro, Tehsil Takha, District Etawah. He belongs to Scheduled Caste. He is aggrieved due to non-distribution of essential commodities in specified quantity and at specified rates by the respondent No. 4- fair price shop agent to card-holders as well as inaction of the State respondents in not redressing the grievances of the card-holders including the petitioner. Consequently, he has filed the leading writ petition. 3. The petitioner of Writ-C No. 6901 of 2017 claims that he belongs to a poor family and holds a ration-card in the name of his wife. He is resident of village Chhatargarh, Biharia, Tehsil Bara, District Allahabad. Aggrieved with non-distribution of essential commodities by the respondent No. 4- fair price shop agent and inaction of the State respondents despite complaint, the petitioner has filed the this writ petition praying to issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to take appropriate action against the respondent No. 4. 4. 2 and 3 to take appropriate action against the respondent No. 4. 4. Since this Court is coming across daily number of writ petitions being filed by ration card-holders either in their individual capacity or in their representative capacity as PIL raising their grievances against illegalities being committed by fair price shop agents in distribution of essential commodities and non-implementation of provisions of Chapter-III of U.P. Food Security Rules, 2015 (hereinafter referred to as ‘the Rules’) and the provisions relating to constitution of Vigilance Committees and Grievance Redressal Cells under the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as ‘the Control Order, 2016’) and as such this Court, by order dated 23.1.2017 and 17.2.2017 passed in the leading writ petition; directed the respondent No. 1 to show-cause as to why Vigilance Committees under Rule 9 of the Rules and provisions of National Food Security Act, 2013 (hereinafter referred to as ‘the Act’), have not been constituted and made functional in the whole of the State of U.P. 5. Faced with the situation briefly stated above, this Court passed an order dated 14.2.2017 in the connected writ petition as under: “Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents. Chapter 3 of U.P. Food Security Rules, 2015, provides for grievances redressal system by appointment of District Grievance Redressal Officer, for redressal of Grievances of Ration Card holders with respect to non distribution or illegality in distribution of essential commodities by fair price shop agent and matters relating thereto. Rule 9 of the Rules provides that the State Government may constitute vigilance committees at fair price shop level, block level, District level and State level. Number of writ petitions are being filed daily before this Court by individuals raising their grievances against illegalities in distribution of essential commodities by fair price shop agents. These writ petitions are being filed for reasons that either grievance redressal system as provided in the Chapter III of the Rules, has not been implemented by State Government so far or it is not properly working. The Control Order, 2016 also takes care for redressal of grievance of ration card holders. Grievance of ration card holders are not being redressed within the prescribed time as it also appears from perusal of the page 14 of the writ petition. The Control Order, 2016 also takes care for redressal of grievance of ration card holders. Grievance of ration card holders are not being redressed within the prescribed time as it also appears from perusal of the page 14 of the writ petition. In view of the aforesaid, respondent No. 1 is directed to file his personal affidavit clearly stating as to whether District Grievance redressal Officers have been appointed in each Tehsils and Districts of the State and whether the vigilance committees as provided under Rule 9 of the Rules have been constituted? Details of steps taken for constitution and proper functioning including publicity of Grievance Redressal System and Vigilance Committees shall also be disclosed in the affidavit. Put up on 23.3.2017.” 6. The aforesaid order was not complied with by the State-respondents namely the Secretary, Food and Civil Supplies, Government of U.P. Lucknow. 7. Under the circumstances, on 23.3.2017, this Court passed the following order in the leading Writ-C No. 3253 of 2017 as under: “Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents. On 17.2.2017, this Court passed the following order; “Sri Indradeo Singh and Sri Gautam, learned counsels have put in appearance today on behalf of respondent No. 4. Learned standing counsel has placed the instructions obtained from the respondent No. 2. He states that the complaint made by the petitioner was considered after due inquiry and it has been found to be baseless. Consequently, an order dated 13.2.2017 has been passed by the District Magistrate, Etawah rejecting the complaint dated 24.10.2016. So far as the constitution of the Vigilance Committees and their functional status is concerned, the learned standing counsel submits that it has been constituted at the District Level but at the block and village level, it has not been constituted so far in district Etawah. In view of the aforesaid, respondent No. 1 is directed to show-cause as to why Vigilance Committees at different levels under Rule 9 of the U.P. Food Security Rules, 2015 read with the provisions of National Food Security Act, 2013, have not been constituted and made functional in whole of the State of U.P. Put up on 3.3.2017. In view of the aforesaid, respondent No. 1 is directed to show-cause as to why Vigilance Committees at different levels under Rule 9 of the U.P. Food Security Rules, 2015 read with the provisions of National Food Security Act, 2013, have not been constituted and made functional in whole of the State of U.P. Put up on 3.3.2017. When the case is next listed, names of Sri Indradeo Singh and Sri Gautam shall be shown in the cause list as learned counsels for respondent No. 4.” On 3.3.2017, 6.3.2017 and 7.3.2017, the case was adjourned. Rule 9 of the U.P. Food Security Rules, 2015 is reproduced below : “9. Vigilance Committees.—(1) The State Government may constitute, as soon as may be after the commencement of these rules and time thereafter as it may deem fit, constitute vigilance committees as Fair Price Shop, Block District and State level. (2) The vigilance committee(s) shall consist of following members and be in existence for two years from its constitution- (a) At State Level- (i) the Food Commissioner, Uttar Pradesh-Chairperson; (ii) one officer of Special Secretary rank in the Department of Food and Civil Supplies to be nominated by the Secretary/Principal Secretary; (iii) the Director Mid Day Meal; (iv) the Director Integrated Child Development Scheme; (v) the Special Secretary, Uttar Pradesh Government in Medical Health and Family Welfare Department nominated by the Principal Secretary; (vi) the Additional Commissioner Civil Supplies shall be the convenor; (vii) Chief Marketing Officer/Regional Food Marketing Officer (H.Q.)-Member; (viii) the Chairperson of one urban or rural local body of Uttar Pradesh nominated by the State Government; (ix) two persons having an established record of working in the field related to food, food safety, public distribution system or nutrition of not less than five years to be nominated by the State Government. (b) At District Level- (i) the Collector-Chairperson; (ii) two District level officers to be nominated by the Collector; (iii) the Basic Shiksha Adhikari, District Programme Officer of Integrated Child Development Scheme and the Chief Medical Officer; (iv) the District Supply Officer shall be the convenor; (v) the Chairperson of one urban or local body in the district, nominated by the Divisional Commissioner; (vi) District Food Marketing Officer-Member; (vii) any two persons living in the district having an established record of working in the field related to food, food safety, public distribution system or nutrition of not less than two years to be nominated by the Divisional Commissioner; (c) At Block level- (i) the Sub-Divisional Magistrate of the Sub-Divisional in which the Block is situated-Chairman; (ii) the Block Pramukh of the Block; (iii) the Block Development Officer of the Block; (iv) an Officer nominated by the Sub Divisional Magistrate; (v) Area Marketing Officer/Marketing Officer-Member; (vi) the Block Education Officer, the Child Development Programme Officer of the Integrated Child Development Scheme and the Medical Officer-in-charge if the Community Health Centre; (vii) the Area Rationing Officer/Supply Inspector Shall be the convenor; (viii) tow persons living in the Gram Panchayat situated in the concerned Kshetra Panchayat to be nominated by the Collector. (d) At Fair Price Shop level- (i) the Gram Pradhan of the Panchayat; (ii) senior most member of the Administrative Committee of Gram Sabha-Member; (iii) the Head Master of a primary school nominated by Block Education Officer, Anganwadi Worker of Integrated Child Development Scheme, Accredited Social Health Activities (sic Activist). (iv) Gram Panchayat Secretary/Gram Vikas Adhikari shall be Member-Convenor. (v) three members of the Gram Sabha (i.e., the person living in the area of Gram Panchayat to be nominated by the Block Development Officer: Provided that in every Vigilance Committee constituted in this sub-rule the representation of the members belonging to the Scheduled Castes, the Scheduled Tribes, women and destitute persons or person with disability shall be ensured. (3) The vigilance committees shall meet at least once in every quarter of a calender year.” A notification dated 4.5.2016 under Rule 9 of the Rules has also been issued by the State Government but it appears that it has not been fully implemented so far. (3) The vigilance committees shall meet at least once in every quarter of a calender year.” A notification dated 4.5.2016 under Rule 9 of the Rules has also been issued by the State Government but it appears that it has not been fully implemented so far. The Notification dated 4.5.2016 for constitution of Vigilance Committees is reproduced below : ^^mRrj izns'k 'kklu [kk| ,oa jln vuqHkkx&6 la[;k&932@29&6&16&116lk@14 y[kuÅ % fnukWd 04 ebZ] 2016 dk;kZy; Kki dzekad&25 jk"Vªh; [kk| lqj{kk vf/kfu;e] 2013 ¼vfèkfu;e la[;k& 20 lu~ 2013½ dh /kkjk& 8] 12] 14] 15] 27] 28] vkSj 29 ds lkFk ifBr mDr vf/kfu;e dh /kkjk&40 ds v/khu [kk| ,oa jln vuqHkkx&6 dh vf/klwpuk la[;k&178@29&6&2016&116lk@14] fnukad 20&01&2016 }kjk iz[;kfir mRrj izns'k [kk| lqj{kk fu;ekoyh] 2015 ds fu;e&9 dh O;oLFkkvksa ds rgr Jh jkT;iky jkT;] ftyk] Cykd vkSj mfpr nj nqdku Lrj ij lrdZrk lfefr;ksa dk fuEuor~ xBu djus dh lg"kZ Lohd`fr iznku djrs gS%& ¼d½ jkT; Lrj ij& ¼,d½ [kk| vk;qDr] mRrj izns'k & v/;{k ¼nks½ [kk| ,oa jln foHkkx esa fo'ks"k lfpo Lrj dk ,d vf/kdkjh] tks lfpo@izeq[k lfpo }kjk ukefufnZ"V gksxk& lnL; ¼rhu½ funs'kd] e/;kUg Hkkstu & lnL; ¼pkj½ funs'kd] ,dhd`r cky fodkl ;kstuk & lnL; ¼ikap½ fo'ks"k lfpo] fpfdRlk LokLF; ,oa ifjokj dY;k.k foHkkx] mRrj izns'k 'kklu] tks izeq[k lfpo }kjk ukefufnZ"V gksxk & lnL; ¼N%½ vij vk;qDr] jln& la;kstd lnL; ¼lkr½ eq[; foi.ku vf/kdkjh@lEHkkxh; [kk| foi.ku vf/kdkjh ¼eq[;ky;½ & lnL; ¼vkB½ jkT; ljdkj }kjk ukefufnZ"V mRrj izns'k ds fdlh 'kgjh ;k xzkeh.k LFkkuh; fudk; dk v/;{k & lnL; ¼ukS½ [kk|] [kk| lqj{kk] yksd forj.k iz.kkyh ;k iq"Vkgkj ls lEcfU/kr {ks= esa ikWp o"kZ ls vuf/kd le; rd dk;Z djus dk vfHkys[k LFkkfir djus okys nks O;fDr] tks jkT; ljdkj }kjk ukefufnZ"V gksaxs & lnL; ¼[k½& ftyk Lrj ij& ¼,d½ dysDVj & v/;{k ¼nks½ ftyk Lrjh; nks vf/kdkjh] tks dysDVj }kjk ukefufnZ"V gksaxs & lnL; ¼rhu½ ,dhd`r cky fodkl ;kstuk ds csfld f'k{kk vf/kdkjh] ftyk dk;Zdze vf/kdkjh vkSj eq[; fpfdRlk vf/kdkjh & lnL; ¼pkj½ ftyk vkiwfrZ vf/kdkjh & la;kstd lnL; ¼ikWp½ e.Myk;qDr }kjk ukefufnZ"V ftys esa fdlh ,d 'kgjh ;k LFkkuh; fudk; dk vè;{k & lnL; ¼N%½ ftyk [kk| foi.ku vf/kdkjh & lnL; ¼lkr½ [kk|] [kk| lqj{kk] yksd forj.k iz.kkyh ;k iq"Vkgkj ls lEcfU/kr {ks= esa nks o"kZ ls vuf/kd le; rd dk;Z djus dk vfHkys[k LFkkfir djus okys ftys esa fuokl djus okys dksbZ nks O;fDr] tks e.Myk;qDr }kjk ukefufnZ"V gksaxs & lnL; ¼x½ Cykd Lrj ij & ¼,d½ ml ijxuk dk ijxuk eftLVsªV ftlesa Cykd fLFkr gS & v/;{k ¼nks½ Cykd dk Cykd izeq[k & lnL; ¼rhu½ Cykd dk [k.M fodkl vf/kdkjh & lnL; ¼pkj½ ijxuk eftLVsªV }kjk ukefufnZ"V ,d vf/kdkjh & lnL; ¼ikap½ {ks=h; foi.ku vf/kdkjh@foi.ku vf/kdkjh & lnL; ¼N%½ [k.M f'k{kk vf/kdkjh] ,dhd`r cky fodkl ;kstuk dk cky fodkl dk;Zdze vf/kdkjh vkSj lkeqnkf;d LokLF; dsUnz dk izHkkjh fpfdRlkf/kdkjh & lnL; ¼lkr½ {ks=h; [kk| vf/kdkjh@iwfrZ fujh{kd & la;kstd lnL; ¼vkB½ lEcfU/kr {ks= iapk;r esa fLFkr xzke iapk;r esa fuokl djus okys nks O;fDr tks dyDVj }kjk ukefufnZ"V gksaxs & lnL; ¼?k½ mfpr nj nqdku Lrj ij & ¼,d½ iapk;r dk xzke iz/kku & v/;{k ¼nks½ xzke lHkk dh iz'kklfud lfefr dk ofj"Bre lnL; & lnL; ¼rhu½ [k.M f'k{kk vf/kdkjh }kjk ukefufnZ"V fdlh izkFkfed fo|ky; dk izk/;kid] ,dhd`r cky fodkl ;kstuk dh vkWxuckM+h dk;Zd=h] izR;kf;r lkekftd LokLF; dk;ZdrkZ & lnL; ¼pkj½ xzke iapk;r lfpo@xzke fodkl vf/kdkjh & la;kstd lnL; ¼ikWp½ xzke lHkk ds rhu lnL; ¼vFkkZr xzke iapk;r {ks= esa fuokl djus okys O;fDr½] tks [k.M fodkl vf/kdkjh }kjk ukefufnZ"V gksaxs & lnL; ijUrq ;g fd bl mifu;e esa xfBr izR;sd lrdZrk lfefr esa vuqlwfpr tkfr;ksa] vulwfpr tutkfr;ksa] efgykvksa vkSj fuLlgk; O;fDr;ksa ;k fu%'kDr O;fDr;ksa ls lEcfU/kr lnL;ksa dk izfrfuf/kRo lqfuf'pr fd;k tk;sxkA ¼2½ mDr lrdZrk lfefr;kW dyS.Mj o"kZ ds izR;sd rhu ekg esa de ls de ,d ckj cSBd vo'; djsaxhA g0 4&5&16 ¼'kf'k Hkw"k.k yky lq'khy½ fo'ks"k lfpoA^^ The facts and provisions as briefly noted above clearly depicts sorrow state of affairs of the State Government from Village Level to the secretariat level that the authorities are least concerned for discharge of their duties. Their conduct of non compliance of the orders dated 17.2.2017 and 7.3.2017 shows that they have no will to carry out the provisions of the National Food Security Act, 2013 and the U.P. Food Security Rules, 2015 and for that reason the respondent No. 1 (Secretary, Food & Civil Supply) has not even cared to file an affidavit to show-cause as to why Vigilance Committees at different levels under Rules 9 of the U.P. Food Security Rule, 2015 read with the provisions of the National Food Security Act, 2013 have not been constituted and made functional in whole of the State of U.P. Today, learned standing counsel, on the basis of instructions dated 22.2.2017 of the Additional Chief Secretary, Government of U.P., Lucknow; has sought further time to collect the information with respect to the constitution and functional status of Vigilance Committees at different levels under the aforesaid statutory provisions. Non compliance of the aforesaid orders even after lapse of more than one month, in such a serious matter concerned with people of poor and weaker section of the society, not only prima facie indicates misconduct on the part of the State Authorities but also indicates their failure to discharge statutory duties. Considering the request of the learned standing counsel for further time as well as the facts and prevailing situation as aforenoted, five days further time is granted to the respondent No. 1 to file his personal affidavit with complete details in compliance to the order dated 17.2.2017, failing which he shall remain personally present before this Court and shall show-cause that why exemplary cost be not imposed for the misconduct shown. Put up on 29.3.2017 alongwith connected writ petitions.” 8. On 29.3.2017, personal affidavit of Sri Kumar Arvind Singh Dev, Additional Chief Secretary, Food and Civil Supplies, Government of U.P., Lucknow was filed. In paragraphs 6 and 11 of the affidavit, the aforesaid Additional Chief Secretary stated as under: “6. That, as provided under Rule-9 of the U.P. Food Security Rules, 2015, the Vigilance Committees have also been constituted at State Level, District Level, Block level and fair price shop level. True copy of the office order dated 932 dated 4.5.2016 is being filed herewith and marked as Annexure-1 to this affidavit. 11. That, as provided under Rule-9 of the U.P. Food Security Rules, 2015, the Vigilance Committees have also been constituted at State Level, District Level, Block level and fair price shop level. True copy of the office order dated 932 dated 4.5.2016 is being filed herewith and marked as Annexure-1 to this affidavit. 11. That, for the convenience of the public at large, the details pertaining to the constitution of the District Grievance Redressal Forum and Vigilance Committees have also been been placed on the official website of the Department of Food and Civil Supplies.” 9. The aforesaid two paragraphs of the affidavit were sworn by the aforesaid Additional Chief Secretary to be based on record. However, copies of records were not filed and it was found that the aforesaid averments made in the affidavit were false and as such this Court on 29.3.2017 passed an order in the leading writ petition as under: “Pursuant to the orders of this Court dated 17.2.2017, 7.3.2017 and 23.3.2017, an affidavit of Kumar Arvind Singh Dev, Additional Chief Secretary, Food and Civil Supplies, Government of U.P., Lucknow, has been filed today. In paragraph Nos. 6 and 11 of the aforesaid personal affidavit, the Additional Secretary has stated as under : “6. That, as provided under Rule-9 of the U.P. Food Security Rules, 2015, the Vigilance Committees have also been constituted at State Level, District Level, Block level and fair price shop level. True copy of the office order dated 932 dated 4.5.2016 is being filed herewith and marked as Annexure-1 to this affidavit. 11. That, for the convenience of the public at large, the details pertaining to the constitution of the District Grievance Redressal Forum and Vigilance Committees have also been been placed on the official website of the Department of Food and Civil Supplies.” The Secretary has sworn the aforequoted paragraph Nos. 6 and 11 based on record. In paragraph-11 it has been clearly stated that for convenience of the public at large, the details pertaining to the constitution of the District Grievance Redressal Forum and Vigilance Committees have also placed on the official website of the Department of Food and Civil Supplies. 6 and 11 based on record. In paragraph-11 it has been clearly stated that for convenience of the public at large, the details pertaining to the constitution of the District Grievance Redressal Forum and Vigilance Committees have also placed on the official website of the Department of Food and Civil Supplies. When the matter was taken up at 12.30 hours today, learned standing counsel was required to produce the information uploaded on the official website of the Department regarding constituted Vigilance committees and its functional status at different levles as stated in paragraph-11 of the affidavit. When the matter was again taken up at 2.00 p.m. today, the learned standing counsel stated on the basis of the instructions of an official present in Court that no information with respect to the details of constituted vigilance committees is available on the official website. It is stated that merely an office memorandum dated 24.3.2017 is available on the official website. Thus, the affidavit filed by the aforesaid Additional Secretary, prima facie, appears to be false and misleading. In view of the aforesaid, the deponent of the personal affidavit, namely, Kumar Arvind Singh Dev, Additional Chief Secretary, Food and Civil Supplies, Government of U.P., Lucknow is directed to remain personally present before this Court tomorrow alongwith relevant records and the informations available on the official website of the Department of Food and Civil Supplies. He is also directed to explain the correct status of constitution of the vigilance committees at different level, particularly at the fair price shop level and their meetings and number of meetings of vigilance committees held under Rule 9 of the Rules. Put up tomorrow alongwith connected writ petitions.” 10. The aforesaid order dated 29.3.2017 was not complied with by the respondent No. 1 and instead an exemption application was moved on behalf of the Additional Chief Secretary while the Secretary was personally present in Court and produced certain papers in three compilations as noted in the order dated 30.3.2017. The compilations filed by the respondent No. 1 were apparently found to contain false and misleading information to which the aforesaid Secretary who was present in Court was confronted. After conclusion of hearing, he filed an affidavit bringing on record the aforesaid three compilations. 11. The compilations filed by the respondent No. 1 were apparently found to contain false and misleading information to which the aforesaid Secretary who was present in Court was confronted. After conclusion of hearing, he filed an affidavit bringing on record the aforesaid three compilations. 11. In view of the facts and prevailing situation, the following QUESTIONS are being framed for determination: (i) Whether statutory mandates under the Act, the Rules and the Control Order, 2016 to establish Grievance Redressal Cells and Vigilance Committees at different levels, and to make them functional, have been complied with by the State Government? (ii) Whether there is failure on the part of the State Government to comply with the Statutory mandates of the Essential Commodities Act, 1955, the National Food Security Act, 2013 and the U.P. Food Security Rules, 2015 to ensure proper distribution of essential commodities to entitled persons and whether the prevailing situation needs reforms and remedial steps including use of technology to be taken urgently? (iii) Whether petitioners are entitled for the relief prayed? DISCUSSION AND FINDINGS : Question No. 1 : Whether statutory mandates under the Act and the Rules of the Control Order, 2016 for constitution of Grievance Redressal Forum and Vigilance Committees at different levels and to make them functional, have been complied with by the State Government? AND Question No. 2 : Whether there is failure on the part of the State Government to comply with the Statutory mandates of the Essential Commodities Act, 1955, the National Food Security Act, 2013 and the U.P. Food Security Rules, 2015 to ensure proper distribution of essential commodities to entitled persons and whether the prevailing situation needs reforms and remedial steps including use of technology to be taken urgently? 12. The National Food Security Act, 2013 has been enacted to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. Section 3 of the Act confers right upon persons belonging to eligible households under Targeted Public Distribution System to receive foodgrains at subsidised prices. It also provides nutritional support to pregnant women, lactating mothers and children. Section 3 of the Act confers right upon persons belonging to eligible households under Targeted Public Distribution System to receive foodgrains at subsidised prices. It also provides nutritional support to pregnant women, lactating mothers and children. Section 6 of the Act puts a statutory duty upon the State Government to identify and provide meals through local anganwadi, to children who suffer from malnutrition, so as to meet the nutritional standards specified in Schedule II. Section 7 of the Act mandates that the State Government shall implement schemes covering entitlements under Sections 4, 5 and Section 6 in accordance with the guidelines, including cost sharing, between the Central Government and the State Governments in such manner as may be prescribed by the Central Government. Section 8 provides that in case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under Chapter II, such persons shall be entitled to receive such food security allowance from the concerned State Government to be paid to each person, within such time and manner as may be prescribed by the Central Government. Section 9 of the Act provides for coverage of population under Targeted Public Distribution System. Section 10 contains a statutory mandate of State Government to prepare guidelines and to identify priority households. Section 12 of the Act mandates the Central and State Governments to endeavour to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the role envisaged for them in this Act. Section 10 contains a statutory mandate of State Government to prepare guidelines and to identify priority households. Section 12 of the Act mandates the Central and State Governments to endeavour to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the role envisaged for them in this Act. Sub-Section (2) provides that reforms shall, inter alia, include— (a) doorstep delivery of foodgrains to the Targeted Public Distribution System outlets; (b) application of information and communication technology tools including end-to-end computerisation in order to ensure transparent recording of transactions at all levels, and to prevent diversion; (c) leveraging ‘’aadhaar’’ for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this Act; (d) full transparency of records; (e) preference to public institutions or public bodies such as Panchayats, self-help groups, co-operatives, in licensing of fair price shops and management of fair price shops by women or their collectives; (f) diversification of commodities distributed under the Public Distribution System over a period of time; (g) support to local public distribution models and grains banks; (h) introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in order to ensure their foodgrain entitlements specified in Chapter II, in such area and manner as may be prescribed by the Central Government. 13. Sections 14 to 21 under Chapter VII of the Act provides for Grievance Redressal Mechanism. Section 15 of the Act providing for grievance redressal mechanism at District Level is relevant for the purposes of question raised in this petition, which is reproduced below: “15. District Grievance Redressal Officer (1) The State Government shall appoint or designate, for each district, an officer to be the District Grievance Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter II, and to enforce the entitlements under this Act. (2) The qualifications for appointment as District Grievance Redressal Officer and its powers shall be such as may be prescribed by the State Government. (3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may be prescribed by the State Government. (2) The qualifications for appointment as District Grievance Redressal Officer and its powers shall be such as may be prescribed by the State Government. (3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may be prescribed by the State Government. (4) The State Government shall provide for the salary and allowances of the District Grievance Redressal Officer and other staff and such other expenditure as may be considered necessary for their proper functioning. (5) The officer referred to in sub-section (1) shall hear complaints regarding nondistribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the State Government. (6) Any complainant or the officer or authority against whom any order has been passed by officer referred to in sub-section (1), who is not satisfied with the redressal of grievance may file an appeal against such order before the State Commission. (7) Every appeal under sub-section (6) shall be filed in such manner and within such time as may be prescribed by the State Government.” 14. Chapter XI containing Sections 27, 28 and 29 of the Act appears to be backbone for successful enforcement of the provisions of Sections 3 to 7 under Chapter II of the Act, which provides for transparency and accountability including setting up of Vigilance Committees. These statutory provision are clearly intended to put strict check on misuse or diversion of essential commodities for distribution under the Act on one hand and on the other hand to make the system transparent and to fix accountability. The aforesaid provisions of Sections 27, 28 and 29 under Chapter XI (Transparency and Accountability) of the Act, are reproduced below: “TRANSPARENCY AND ACCOUNTABILITY 27. Disclosure of records of Targeted Public Distribution System.—All Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to the public, in such manner as may be prescribed by the State Government. 28. Disclosure of records of Targeted Public Distribution System.—All Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to the public, in such manner as may be prescribed by the State Government. 28. Conduct of social Audit.—(1) Every local authority, or any other authority or body, as may be authorised by the State Government, shall conduct or cause to be conducted, periodic social audits on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the State Government. (2) The Central Government may, if it considers necessary, conduct or cause to be conducted social audit through independent agencies having experience in conduct of such audits. 29. Setting up of Vigilance Committees.—(1) For ensuring transparency and proper functioning of the Targeted Public Distribution System and accountability of the functionaries in such system, every State Government shall set up Vigilance Committees as specified in the Public Distribution System (Control) Order, 2001, made under the Essential Commodities Act, 1955, as amended from time to time, at the State, District, Block and fair price shop levels consisting of such persons, as may be prescribed by the State Government giving due representation to the local authorities, the Scheduled Castes, the Scheduled Tribes, women and destitute persons or persons with disability. (2) The Vigilance Committees shall perform the following functions, namely:— (a) regularly supervise the implementation of all schemes under this Act; (b) inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act; and (c) inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it.” 15. In exercise of powers conferred under Section 40 of the National Food Security Act, 2013 read with Sections 8, 12, 14, 15, 27, 28 and 29, the State Government has framed the Rules called the Uttar Pradesh Food Security Rules, 2015. Chapter III of the Rules deals with Grievance Redressal System and Vigilance Committees. Rules 4, 5, 6, 7 and 8 provide for constitution of District Grievance Redressal Officer, hearing before the District Grievance Redressal Officer, disposal of complaints within 90 days and appeal against the order of the District Grievance Redressal Officer. Chapter III of the Rules deals with Grievance Redressal System and Vigilance Committees. Rules 4, 5, 6, 7 and 8 provide for constitution of District Grievance Redressal Officer, hearing before the District Grievance Redressal Officer, disposal of complaints within 90 days and appeal against the order of the District Grievance Redressal Officer. For ready reference, the provisions of Rule 4 to 8 of the Rules are reproduced below: 4. (1) The State Government may appoint or designate, the following officers as the District Grievance Redressal Officer: District Grievance Redressal Officer (a) Additional District Magistrate (Civil Supplies) such districts where the post of Additional District Magistrate (Civil Supplies) exists, (b) Regional Food Controller for the districts of Commissionary Headquarters and (c) Joint Commissioner (Food)/Deputy Commissioner (Food) for rest of the districts. (2) District Redressal Grievance Officer shall perform such functions as prescribed under Section 15 of the Act. (3) The State Government shall appoinnt the employees mentioner in Schedule A appended to these rules to assist District Grievance Redressal Officer to perform the functions thereof. (4) The Collector of the District shall be the Appointing Authority for employees appointed under sub-rule (3). 5. (1) The District Grievance Redressal Officer shall notify the days and time for receiving the complaints under the Act. The District Grievance Redressal Officer may also nominate an appropriate officer/employee to receive complaints/grievances on his behalf. Hearing before District Grievance Redressal Officer (2) District Grievance Redressal Officer shall conduct such enquiry as per sub-rule (4), and if he finds complaint to carry substance, may give directions and relief referred to in sub-rule (3) for compliance with the entitlements granted under the Act. (3) The directions and relief to be provided by the District Grievance Redressal Officer under sub-rule (2) shall be as follows: (a) the entitlements within such period not exceeding thirty days; (b) payment of food security allowance within such period not exceeding thirty days; (c) supervisionn by an appropriate person/representing such provision or payment, as the case may be, under clauses (a) and (b) (d) any other directions as he/she may deems fit; Provided that such direction shall not be include payment of penalty by any public servant: Provided further that such direction shall not be inconsistent with the Act. (4) The District Grievance Redressal Officer shall; (a) ascertain that there is prima facie substance in the complaint to proceed in the matter; (b) reject the complaint if he finds that the Complaint does not have any substance. (c) issue a notice to all parties fixing date, time and place for hearing, if he is satisfied that there is prima facie ground to proceed in the matter; (d) hear the parties and take such evidence as may dismiss the complaint if the complainant or his representative is absent on the fixed date; (e) adjourn the proceedings at the request of the parties or suo-motu to some other date with or without cost; (f) decide the complaint after the enquiry. 6. The District Grievance Redressal Officer shall hear complaints regarding non-distribution of entitled foodgrains or meals, and matters relating thereof, and take necessary action for their redressal within 90 days. 7. (1) Any person aggrieved with any order passed by the District Grievance Redressal Officer may prefer an appeal before the Commission within 30 days from the receipt of such order. (2) An appeal under sub-rule (1) shall be accompanied by such documents and such fee as may be determined by the State Government. 8. In addition to the internal system of grievance redressal machanism for disposal of the complaints the State Government shall provide as early as possible a web-based grievance redressal portal. 16. Rule 9 of the Rules provides for constitution of Vigilance Committees at four levels, i.e. State Level, District Level, Block Level and Fair Price Shop Level. The provisions of Rule 9 of the Rules and notification dated 4.5.2016 issued in this regard by the State Government, have already been reproduced in the order dated 23.3.2017 which has been quoted above in paragraph No. 7 of this judgment. 17. The State Government has also issued the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 in exercise of powers conferred under Section 3 of the Essential Commodities Act, 1955 read with notification by Government of India published in GSR-2013(E) dated 20.3.2015 and Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and in super-session of Government Notification No. 4398/xxix-Food-6-18sa-01, dated 20.12.2004. 18. 18. The Public Distribution Scheme of essential commodities as provided under the Act 2013 and the Rules, 2015 is a flagship scheme of the Central Government for poverty alleviation on the one hand and on the other hand to confer a right to priority households identified under Section 10(1) of the Act to receive foodgrains at subsidized prices under the Targeted Public Distribution System. It also confers right of nutritional support to pregnant women and lactating mothers, nutritional support to children, prevention and management of child malnutrition (for short ‘TPDS’). The foodgrains procured by the State Government are for distribution to poor persons, persons living below poverty line, children, lactating mothers and old age destitute, who are unable to earn for themselves, at subsidized rates by allocating thousands of crores of rupees. The Integrated Child Development Scheme through Anganwadi, and Mid-day Meal Scheme are also sourced through TPDS. The Act, 2013 is the most ambitious and welfare programme for the most needy class of our society which confers “Right of Food to all people” under the Act, 2013 which is also implemented through fair price shops. Since highly subsidized essential commodities are distributed through fair price shops and as such the Act requires designated authorities under the Act and the Rules to exercise with great caution the powers vested in them. 19. In the case of Peoples Union for Civil Liberties (PDS Matters) v. Union of India, 2013 (2) SCC 633, the Supreme Court after accepting the Justice Wadhwa Central Vigilance Committee Report in pursuance to its earlier order dated 17.9.2012, in PUCL v. Union of India, (2013) 2 SCC 682 , passed directions making short term recommendations for identification of beneficiaries/inclusion and exclusion errors, storage capacity, transportation, viability, accountability, social audit, vigilance, complaint mechanism, allotment of shops, beneficiaries etc. By an order dated September 17, 2012 [ (2013) 2 SCC 682 ], the Court has issued directions by way of short term recommendations for achieving long term objectives. Paras 4, 5, 6 and 7 of the order dated 7.1.2013, and para 16.1.of the order dated 2.5.2013 are quoted below : Order dated 7.1.2013: “4. Public Distribution System evolved as a system of management of scarcity and for distribution of food grains at affordable prices. Over the years, PDS has become an important part of the Government’s policy for management of food economy in the country. Public Distribution System evolved as a system of management of scarcity and for distribution of food grains at affordable prices. Over the years, PDS has become an important part of the Government’s policy for management of food economy in the country. There are over five lakh fair price shops in the country which distribute food grains under PDS. Currently allocation of food grains under TPDS is made by the Government of India to the States, Union Territories for APL and BPL including Antyodaya Anna Yojana (AAY) families. 5. PDS is operated under the joint responsibility of the Central and the State Governments. The Central Government has taken the responsibility for procurement, storage, transportations and bulk allocation of food grains etc. the responsibility for distributing the same to the consumers through the network of fair price shops (FPSs) rests with the State Governments. The operational responsibilities including allocation within the State, identification of families below poverty line, issue of ration cards, supervision and monitoring the functioning of FPSs rests with the State Government. To streamline the system, the Central Government has issued Public Distribution System (Control) Order 2001. Regrettably, the States are not giving full effect to the Order. 6. PDS has not yielded benefits to the extent intended. To streamline the system, the Central Government has issued Public Distribution System (Control) Order 2001. Regrettably, the States are not giving full effect to the Order. 6. PDS has not yielded benefits to the extent intended. This is on account of various reasons viz.: (i) collusion between persons involved in the PDS supply chain resulting in leakage and large-scale diversion of food grains; (ii) flawed system of appointment of FPS dealers; (iii) errors of inclusion and exclusion which deny targeted beneficiaries of their entitlement and resulting in faulty identification of target groups; (iv) virtually non-existent vigilance machinery at the grass-root level; (v) too many categories for entitlement resulting in dilution of targeting of deserving beneficiaries; (vi) long-drawn and ineffective procedure for dealing with malpractices that allow the guilty to get away; (vii) too many functionaries involved in the process resulting in dilution of accountability and fixing of responsibility; (viii) lack of adequate supervision over PDS operations at the field level and laxity which often does not result in any punishment to persons found negligent at the supervisory and higher levels for negligence in supervision when in the normal course the supervisors should also be held responsible as any diversion results in wastage of public resources; (x) undue political interference; and lastly (xi) a corrupt implementing machinery and all in all a sleepy and sloppy programme where there is freedom to play with its great objectives with impunity to deprive unlawful pecuniary benefits. 7. every one from the Prime Minister down the line is seized of the need for revamping, overhauling or restructuring PDS. To revamp the system drastic steps are required to be taken. Patchwork will not do. Two important steps would (1) Constitution of a Civil Supplies Corporation in every State/Union Territory and (2) Computerisation of the whole PDS operations.” Order dated 2.5.2013 “16.1. Licensees, who (a) do not keep their shops open throughout the month during the stipulated period, (b) fail to provide grain to BPL families strictly at BPL rates and no higher, (c) keep the cards of BPL households with them, (d) make false entries in the BPL cards, (e) engage in black-marketing or siphoning away of grains to the open market and hand over such ration shops to such other person/organizations, shall make themselves liable for cancellation of their licenses. The concerned authorities/functionaries would not show any laxity on the subject. The concerned authorities/functionaries would not show any laxity on the subject. 16.2 Permit the BPL household to buy the ration in instalments 16.3 Wide publicity shall be given so as to make BPL families aware of their entitlement of food-grains.” (Emphasis supplied by me) 20. In the case of Swaraj Abhiyan v. Union of India and others, (2016) 7 SCC 498 (judgment dated 13.5.2016), Hon’ble Supreme Court issued the directions with respect to establishment of internal grievance mechanism, appointment of District Grievance Redressal Officer to address grievances relating to non-supply of food-grains of ration-card holders and distribution of nutritional substitute for children etc. as under: “128. In view of the discussion and the conclusions arrived at by us, we issue the follow directions: 128.1. Each of the States before us shall establish an internal grievance mechanism and appoint or designate for each district a District Grievance Redressal Officer as postulated by Section 14 and Section 15 respectively of the NFS Act within one month from today, unless these provisions have already been complied with. The said Officer would also be entitled to address grievances relating to non-supply of food grains due to the absence of a ration card. 128.2. Each of the States before us shall constitute a State Food Commission for the purpose of monitoring and reviewing the implementation of the NFS Act as postulated by Section 16 thereof within two months from today, unless a State Food Commission has already been constituted. 128.3. In the States in which drought has been declared or might be declared in the future, all households should be provided with their monthly entitlement of food grains in terms of the NFS Act regardless of whether they fall in the category of priority household or not. The provision made under the NFS Act shall be in addition to and not in derogation of any other entitlement under any other Government scheme. 128.4. No household in a drought affected area shall be denied food grains as required under the NFS Act only because the household does not have a ration card. The requirement of a household having a ration card is directed to be substituted by an appropriate identification or proof of residence that is acceptable to the State Government. 128.5. 128.4. No household in a drought affected area shall be denied food grains as required under the NFS Act only because the household does not have a ration card. The requirement of a household having a ration card is directed to be substituted by an appropriate identification or proof of residence that is acceptable to the State Government. 128.5. It is made clear that each of the States before us is fully entitled to provide any food grains or other items over and above and in addition to the entitlement of a household under the NFS Act. There is no restriction in this regard. 128.6. The States of Bihar, Haryana and Uttar Pradesh must within a month from today make adequate provision for the supply of eggs or milk or any other nutritional substitute for children under the Mid-Day Meal Scheme. Eggs, milk or another nutritional substitute should be made available preferably five days in a week or at least three days in a week. The other States before us must make a similar provision for the supply of eggs or milk or any other nutritional substitute preferably five days in a week or at least three days in a week. Keeping in mind the children of this country, financial constraints shall not be an excuse for not complying with this direction. It is a sad commentary that we should have to say this but we need to in the interest of the children of our country. 128.7. The States before us are directed to extend the Mid-Day Meal Scheme for the benefit of children during the summer vacation period in schools, if the extension has not yet been made, within a week from today. The Union of India shall immediately approve any such a proposal in consultation with these State Governments. This direction is being passed in the interest of children in drought-affected areas. (Emphasis supplied by me) 21. The Union of India shall immediately approve any such a proposal in consultation with these State Governments. This direction is being passed in the interest of children in drought-affected areas. (Emphasis supplied by me) 21. Despite clear mandate of Sections 14 to 21 regarding grievance redressal mechanism, Sections 27, 28 and 29 regarding Vigilance Committees, the provisions of Rule 4 to 9 of the Rules, notification dated 4.5.2016 under Rule 9 of the Rules, the provisions of the Essential Commodities Act, 2015 as discussed above, mandamus issued by Hon’ble Supreme Court in the case of Swaraj Abhiyan (supra) as well as an eye-opener observations of Hon’ble Supreme Court in the case of Peoples Union for Civil Liberties (PDS matters) (supra) as quoted in paragraph 19 above observing that Public Distribution System (PDS) has not yielded benefits to the extent intended on account of collusion between persons involved in the PDS supply chain resulting in leakage and large scale diversion of food-grains, flawed system of appointment of FPS dealers, virtually non-existent vigilance machinery at the gross root level, long-drawn and ineffective procedure for dealing with malpractices that allow the guilty to get away, dilution of accountability and corrupt implementing machinery and all in all a sleepy and sloppy program where there is freedom to play with its great objectives with impunity to deprive unlawful pecuniary benefits etc.; the State authorities have not only remained inactive and disrespectful to the aforesaid mandates (both legislative and judicial) but also shown misconduct by filing false and misleading affidavits dated 29.3.2017 and 30.3.2017 regarding constitution and functional status of vigilance committees. 22. Averments made by the Additional Chief Secretary in para-6 and 11 of the affidavit dated 29.3.2017 regarding establishment of District Grievance Redressal Forum and Vigilance Committees at each level and its details placed on the official website, proved to be totally false as evident from the order dated 29.3.2017 reproduced in para 9 above. 23. Misconduct shown by the State authorities does not stop even here. On 30.3.2017, the Additional Chief Secretary did not appear personally and instead the Secretary of the Department was present in Court, who produced three compilations stating that it contains particulars of entire Vigilance Committees constituted in the whole of the State of U.P. at all levels. The said three compilations were brought on record by the respondent No. 1 by an affidavit dated 30.3.2017. The said three compilations were brought on record by the respondent No. 1 by an affidavit dated 30.3.2017. In paragraph-10 of the affidavit, it has been stated that the Commissioner, Food and Civil Supplies, U.P. Lucknow, vide his letter dated 24.3.2017 has informed the Additional Chief Secretary Government of U.P. Lucknow that the Vigilance Committees as provided under Rule 9 of the Rules, have been constituted at State Level, District Level, Block Level and Fair Price Shop Level and these Committees are functioning. In support of these averments, certificates issued by respective officers posted at district level have been filed as Annexure 2. Perusal of Annexure-2 to the said affidavit shows that all these certificates are in a set proforma which have been issued on 16th or 17th Mach, 2017 certifying that Vigilance Committees at District Level, Block Level and Fair Price Shop Level under Rule 9 of the Rules have been constituted and these committees are functioning. Perusal of Annexure-2 to the said affidavit shows that all these certificates are in a set proforma which have been issued on 16th or 17th Mach, 2017 certifying that Vigilance Committees at District Level, Block Level and Fair Price Shop Level under Rule 9 of the Rules have been constituted and these committees are functioning. Details of Committees constituted at the District Level, Block Level and Fair Price Shop Level have been filed as Annexure-3 to the said affidavit in a format containing ten columns which are briefly summarised as under : [kk| lqj{kk fu;ekoyh 2015 ds izLrj&9 ds vUrxZr xfBr lrdZrk lfefr;ksa dh lwpuk Ø l-- e.My dk uke tuin dk uke lrdZrk lfefr;kaW tuin Lrj Cykd Lrj mfpr nj nqdku Lrj xBu dh frfFk lEiUu cSBdksa dh frfFk;kaW xBu dh frfFk lEiUu cSBdksa dh frfFk;k¡ mfpr nj nqdkunkj dk uke xBu dh frfFk lEiUu cSBdksa dh frfFk;kaW 1 2 3 4 5 6 7 8 9 10 Meerut Meerut 24.3.2017 NIL 28.3.2017 (No particulars of Blocks given) NIL 197 FPS 20.3.2017 NIL 305 FPS 21.3.2017 NIL 123 FPS 22.3.2017 NIL 251 FPS 19.3.2017 NIL 77 FPS 23.3.2017 NIL Meerut Gautam Budh Nagar NIL NIL NIL NIL NIL NIL NIL Meerut Bulandshahar 5.12.2016 24.12.2016 *06.3.2017 16.3.2017 121 FPS 1.03.2017 16.03.2017 *15.3.2017 18.3.2017 45 FPS 20.12.2016 23.12.2016 44 FPS 21.12.2016 24.12.2016 *15.3.2017 20.3.2017 35 FPS 22.12.2016 26.12.2016 36 FPS 19.12.2016 22.12.2016 *17.3.2017 21.3.2017 75 FPS 28.12.2016 31.12.2016 *17.3.2017 20.3.2017 35 FPS 24.12.2016 29.12.2016 35 FPS 22.12.2016 26.12.2016 *15.3.2017 18.3.2017 81 FPS 27.12.2016 30.12.2016 *14.3.2017 16.3.2017 52 FPS 18.12.2016 21.12.2016 23 FPS 20.12.2016 24.12.2016 *21.3.2017 24.3.2017 42 FPS 28.12.2016 31.12.2016 *21.3.2017 25.3.2017 37 FPS 27.12.2016 30.12.2016 *17.3.2017 21.3.2017 27 FPS 28.12.2016 31.12.2016 *17.3.2017 21.3.2017 45 FPS 21.12.2016 27.12.2016 *15.2.2017 22.3.2017 54 FPS 25.12.2016 28.12.2016 *15.2.2017 21.3.2017 53 FPS 27.12.2016 31.12.2016 23 FPS 24.12.2016 29.12.2016 *15.2.2017 23.3.2017 39 FPS 28.12.2016 30.12.2016 *15.2.2017 23.3.2017 31 FPS 27.12.2016 29.12.2016 23 FPS 28.12.2016 31.12.2016 *2.3.2017 24.3.2017 27 FPS 24.12.2016 27.12.2016 42 FPS 26.12.2016 30.12.2016 *2.3.2017 17.3.2017 48 FPS 27.12.2016 31.12.2016 55 FPS 29.12.2016 31.12.2016 Hapur NIL NIL NIL NIL NIL NIL NIL Bagpat 13.5.2016 25.05.2016 *18.6.2016 20.06.2016 49 FPS 12.09.2016 10.12.2016 16.12.2016 19.12.2016 25.12.2016 *17.6.2016 12.12.2016 45 FPS 18.09.2016 15.12.2016 19.12.2016 23.12.2016 27.12.2016 *17.6.2016 12.12.2016 74 FPS 22.09.2016 12.12.2016 16.12.2016 19.12.2016 26.12.2016 27.12.2016 11.03.2017 *17.6.2016 12.12.2016 87 FPS 18.10.2016 12.12.2016 17.12.2016 19.12.2016 25.12.2016 29.12.2016 26.12.2016 16.03.2017 *13.5.2016 16.12.2016 55 FPS 15.10.2016 05.12.2016 12.12.2016 17.12.2016 25.12.2016 28.12.2016 *13.5.2016 17.12.2016 58 FPS 21.09.2016 03.12.2016 08.12.2016 22.12.2016 25.12.2016 Ghaziabad NIL NIL NIL NIL NIL NIL NIL Saharanpur Saharanpur 24.3.2017 25.03.2017 *24.03.2017 25.03.2017 964 FPS 08.03.2017 02.03.2017 03.03.2017 15.03.2017 06.03.2017 16.03.2017 09.03.2017 22.03.2017 16.03.2017 23.03.2017 17.03.2017 Shamali 24.3.2017 29.3.2017 *27.11.2016 20.12.2016 63 17.12.2016 19.12.2016 *21.12.2016 22.03.2017 20.03.2017 *22.12.2016 Thana Bhawan 02.12.2016 20.12.2016 71 21.12.2016 22.12.2016 22.03.2016 Uun 21.12.2016 23.03.2016 84 22.12.2016 27.12.2016 17.03.2017 20.03.2017 21.03.2017 23.03.2017 Kandhala 22.12.2016 22.03.2017 120 24.12.2016 24.03.2017 27.12.2016 Dec. 2016 Muzaffarnagar NIL NIL NIL NIL NIL NIL NIL Moradabad Moradabad NIL NIL NIL NIL NIL NIL Amroha NIL NIL NIL NIL NIL NIL NIL Bijnor 9.3.2017 27.3.2017 9.3.2017 3.4.2017 NIL 18.03.2017 21.03.2017 (Block Kotwali) (Proposed) 153 106 94 25 22.03.2017 23.03.2017 27.03.2017 30.03.2017 01.04.2017 04.04.2017 05.04.2017 08.04.2017 10.04.2017 9.3.2017 30.3.2017 22.03.2017 31.03.2017 (Mohd. Pur Devmal) April, 2017 9.3.2017 30.3.2017 22.03.2017 31.03.2017 (Haldaur) April, 2017 9.3.2017 1.4.2017 22.03.2017 31.03.2017 (N0061htaur) April, 2017 Total FPS =4129 *Names of Block not disclosed in the compilation 24. Thus, as per own showing as evident from Annexure No. 3 to the affidavit of the respondent No. 3 dated 30.3.2017, District Level Vigilance Committees have been established merely in Districts namely Meerut, Bulandshahar, Bagpat, Saharanpur, Shamli and Bijnor. In few Blocks of these districts, Block level committees have been established. Merely 4129 Fair Price Shop Level Vigilance Committees have been established in the aforesaid six districts. Most of these Vigilance Committees are shown to have been established in the last ten days of the month of March, 2017 after this Court passed various orders in the months of February and March, 2017. These facts leave no manner of doubt that the affidavits filed by the Additional Chief Secretary dated 29.3.2017 and the affidavit dated 30.3.2017 stating that District Grievance Redressal Forums have been established and Vigilance Committees at District, Block and Fair Price Shop levels have been constituted and details pertaining to it have been placed on the official website of the Department of Food and Civil Supplies, are totally false and misleading and indicates that it is merely paper work collusively done by the authorities. False averments deliberately made by the authoriteis is further evident from the fact that as per compilation of certificates of District Level authorities and the Food Commissioner, all Vigilance Committees at District, Block and Fair Price Shop levels have been established by 17th/18th March, 2017 whereas the compilation of established Vigilance Committees filed as Annexure-3 to the affidavit dated 30.3.2017, as briefly noted above, shows that that very small number of Committees merely in six district and few blocks and FPS are shown to have been established and that too mostly after 17/18.3.2017. Thus, in truth there appears to be serious lapses, lack of will and disrespect to the legislative mandate by the authorities of the State Government to constitute Vigilance Committees at Fair Price Shop Levels, Block Levels and District Levels. These committees must be properly formed and must be made functional by the State Government within one month from today in compliance to the legislative mandate of Sections 27, 28 and 28 of the Act and Rule 9 of the Rules. 25. Section 29(2) of the Act prescribes the functions of the Vigilance Committees. It provides that Vigilance Committees shall regularly supervise the implementation of all schemes under the Act, inform the District Grievance Redressal Officer in writing of any violation of the provisions of the Act and any malpractice or misappropriation of funds found by it. Thus, constitution of Vigilance Committees and their proper functioning has a very important role to check corruption, diversion/black-marketing of essential of essential commodities and to achieve the purposes and object of the Act. The functioning and success of the District Grievance Redressal mechanism as provided under Sections 14 to 21 of the Act itself is largely dependent upon the establishment and proper functioning of the Vigilance Committees particularly Vigilance Committees at fair price shop level. The feedback of violation of the provisions of the Act and malpractices or misappropriation in Public Distribution System can be given by the Vigilance Committees at Fair Price Shop Level and Block Level to the District Level Grievance Redressal Officers under Section 29(2) to enable them to take appropriate action under the Act. However, for the reasons best known to the authorities of the State Government, these committees have not been established and made functional as yet in the whole of the State of U.P. This prevailing situation is beneficial and helpful only to persons having ill motive and corrupt implementing machinery involved in the PDS supply chain resulting in black-marketing and large scale diversion of highly subsidised food-grains of poors on one hand and on the other hand obstructs and defeats the purpose and object sought to be achieved by the Act and the Rules. Therefore, District Grievance Redressal Mechanism and Vigilance Committees must be truthfully established and be made fully functional to prevent corruption in PDS Chain and diversion of highly subsidized food grains and for quick redressal of grievances of beneficiaries under the Act. Therefore, District Grievance Redressal Mechanism and Vigilance Committees must be truthfully established and be made fully functional to prevent corruption in PDS Chain and diversion of highly subsidized food grains and for quick redressal of grievances of beneficiaries under the Act. Question No. 3 : Whether petitioners are entitled for the relief prayed? 26. As per averments made in paragraph 17 of affidavit of the respondent No. 1 dated 29.3.2017 filed in the leading writ petition, action during the pendency of the connected writ petition has been taken by the competent authority and the fair price shop agreement of the agent has been suspended vide order dated 23.3.2017 and as such this Court does not propose to pass any further order in the connected writ petition. In result, the Writ-C No. 6901 of 2017 is disposed of with the direction that the concerned authority shall conclude the proceedings initiated by order dated 23.3.2017 within a reasonable time in accordance with law. Similarly, the concerned authority shall look into the grievance of the petitioner of the leading writ petition No. 3253 of 2017 and if the authority finds that any action is required to be taken then he shall take the action in accordance with law. 27. In view of the above discussion, both the writ petitions are disposed of as aforesaid and following directions are issued : (a) The State Government shall ensure that within one month from today District Grievance Redressal Officer in every district of the State are appointed or designated and Grievance Redressal Mechanism under Chapter VII of the National Food Security Act, 2013 is made fully functional for expeditious and effective redressal of grievances of aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter II, and to enforce entitlements under the Act. (b) Within the aforesaid period of one month, all District Grievance Redressal Officers shall notify under Rule 5 of the U.P. Food Security Rules, 2015, the days and time for receiving complaints. The days and time so notified, the prescribed period of maximum 30 days for direction and relief to be provided by District Grievance Redressal Officer under Rule 5(3) for entitlement, payment of food security allowance etc. The days and time so notified, the prescribed period of maximum 30 days for direction and relief to be provided by District Grievance Redressal Officer under Rule 5(3) for entitlement, payment of food security allowance etc. and maximum prescribed period of 90 days under Rule 6 to hear and take necessary action on complaints of non-distribution of entitled foodgrains or meals and matters relating thereto, shall be displayed in Hindi at each and every fair price shop for information to general public. (c) The State Government shall ensure that Vigilance Committees at District level, Block level and Fair Price Shop level under Sections 27, 28 and 29 of the National Food Security Act, 2013 read with Rule 9 of the U.P. Food Security Rules, 2015 are truly established and made fully functional in the whole of the State of U.P. within one month from today. Wherever these vigilance committees are not established or are not made functional within 30 days as directed above, the State Government shall fix accountability of the concerned officers/employees and shall take appropriate action against them in accordance with law within the next 30 days. (d) District Supply Officers of each districts in the State shall ensure that full particulars of fair price shop level Vigilance Committees of the respective fair price shops and functions of such Vigilance Committees under Section 29 (2) of the Act are displayed in Hindi on the wall or on a board at the fair price shops for information to local people in general and to members of the vigilance committees in particular. (e) The State Government shall endeavour to progressively undertake necessary reforms in the Targeted Public Distribution System in terms of Section 12 of the Act including application of technology in order to ensure transparent recording of transactions at all levels and to prevent diversion/black marketing of foodgrains. (f) The State Government shall continuously monitor implementation of the directions of Hon’ble Supreme Court in the Case of Swaraj Abhiyan (supra) with regard to draught and Mid-day-meal Scheme as reproduced in para 20 above. (f) The State Government shall continuously monitor implementation of the directions of Hon’ble Supreme Court in the Case of Swaraj Abhiyan (supra) with regard to draught and Mid-day-meal Scheme as reproduced in para 20 above. (g) The State Government may consider to develop in public interest a mechanism to fix accountability of officers and employees for wilful negligence and deliberate breach of the provisions of the Act and the Rules including not discharging their statutory duties under the Act and non-disposal of matters within the prescribed time under Sections 15 and 29 of the Act read with Rule 5 and 6 of the Rules. 28. Let a copy of this order be immediately send by the Registrar General of this Court to the Chief Secretary of the Government of Uttar Pradesh for necessary action and compliance.