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2018 DIGILAW 401 (ALL)

SADHNA TRIVEDI v. STATE OF UP THRU. PRIN. SECY. FOOD & SUPPLY

2018-02-13

RITU RAJ AWASTHI

body2018
JUDGMENT : Ritu Raj Awasthi, J. Heard learned counsel for the petitioners as well as the learned Standing Counsel and perused the records. 2. The writ petition has been filed seeking direction to the opposite parties to hold a fresh inquiry with respect to non-distribution of essential commodities by the opposite party no.7/fair price shop licensee to the petitioners and other residents of village Malke Gaon, Tehsil Lalganj, District Rae Bareli. 3. Learned counsel for the petitioners submits that the petitioners are the residents of the said village. They along with other residents had made a complaint regarding non distribution of the essential commodities from the ration shop by the opposite party no.7. In the said complaint, it was specifically averred that the opposite party no.7 in connivance with the Supply Inspector, Sareni, District Rae Bareli is misappropriating the essential commodities and is not properly distributing the same to the ration card holders. On the said complaint, the District Supply Officer entrusted the inquiry to the Supply Inspector, Sareni, Rae Bareli and he has submitted the enquiry report giving clean chit to the opposite party no.7. 4. Submission is that the petitioners had made a complaint against the Supply Inspector as well as the fair price shop licensee, as such the inquiry could not have been held by the Supply Inspector, Sareni as it is well settled that a person cannot be a judge for his own cause. 5. Leaned counsel for the petitioners further submits that the opposite party no. 4/Sub Divisional Officer, Lalganj, Rae Bareli may be directed to make a fresh inquiry with respect to the complaint made by the petitioners and take appropriate decision in this regard as the grievance of the petitioners has not been addressed properly and the distribution of essential commodities is not being made property from the fair price shop in question. 6. From the perusal of the complaint dated 4.12.2017, it is evident that the petitioners had alleged that it is due to the connivance of the Supply Inspector, Sareni with the fair price shop licensee/opposite party no.7 that proper distribution of essential commodities is not being made to the card holders. 6. From the perusal of the complaint dated 4.12.2017, it is evident that the petitioners had alleged that it is due to the connivance of the Supply Inspector, Sareni with the fair price shop licensee/opposite party no.7 that proper distribution of essential commodities is not being made to the card holders. It is also evident from the inquiry report dated 22.12.2017, a copy of which is annexed as Annexure No.10 to the writ petition, that the said inquiry was held and report was submitted by the Supply Inspector, Sareni, District Rae Bareli. 7. I am of the view that the opposite party no.4/Sub Divisional Officer, Lalganj, Rae Bareli, who is the concerning competent authority in this regard may be given an opportunity to look into the matter and take appropriate decision as to whether a fresh inquiry shall be held in the given facts and circumstances of the case or not. 8. The petitioners may raise their grievance by making a fresh representation along with certified copy of this order before the opposite party no.4, within one week from today. In case any such representation is made, the opposite party no.4 shall pass appropriate orders taking into consideration the observations made hereinabove. 9. With these observations, the writ petition stands disposed of.