Vijay s/o Pundlikrao Changole v. State of Maharashtra
2017-03-27
R.K.DESHPANDE
body2017
DigiLaw.ai
JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The District Supply Officer, Amravati, by his order dated 24.09.2013 cancelled the fair price authorization on the ground of illegalities found to have been committed by the respondent No.4. In appeal before the Deputy Commissioner (Supply), Amravati Division, this order was maintained on 17.10.2014. In revision, the Minister, Food and Civil Supplies Department has set aside the order passed by the authorities below on 04.03.2015 and a fine of Rs.10,000/has been imposed. The matter is remanded back for fresh enquiry. 2. From 01.05.2013 till the end of July 2013, the food grains were received and sold in fair price shop by the respondent No.4. The accounts of such sale was not maintained and this was one of the charges levelled against the respondent No.4. A show cause notice was issued on 05.09.2013, to which the reply was submitted on 24.09.2013. It was the specific stand of the respondent No.4 that the account was maintained. However, during the course of hearing, it was discovered that such account was not maintained and the explanation was furnished that due to accident, right hand of the petitioner was fractured and therefore, the account could not be maintained for this period. 3. Obviously, when the respondent No. 4 could sale the food grains, he could have maintained the account also, either by himself or through someone else. The stand taken that the accounts were maintained is found to be false and on this ground, the authorization was cancelled. 4. In the impugned order, the Minister has observed that the statements were recorded in absence of respondent No.4 by the Inspector and the order was passed on the same day, when the explanation was furnished on 24.09.2013. The aforesaid factual aspects have not been disputed. The Minister has committed an error in setting aside the orders passed by the authorities below. The order impugned cannot, therefore, be sustained and it will have to be quashed and set aside. 5. In the result, the writ petition is allowed. The order dated 04.03.2015 passed by the Minister in Revision No. VAA1315/Case No.6/N.P. 23 is hereby quashed and set aside and the order passed by the authorities below are restored. No order as to costs. Rule is made absolute in above terms.