The High Court dismissed a writ petition seeking to quash orders recommending disciplinary action against a cooperative society salesman for PDS rice shortage and bogus billing. The Court held the challenge lacked merit.
The writ petition was dismissed as devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2018
CORAM:
THE HON'BLE MR. JUSTICE R.MAHADEVAN
W.P.No.6464 of 2010
S.Prasath .. Petitioner
Vs 1.The Presiding Officer, Principal Sessions Court, Villupuram, Villupuram District. 2.The District Revenue Officer, Villupuram, Villupuram District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records relating to the impugned order passed by the second respondents in his proceedings No.Na.Ka.K4/22465/2008, dated 31.07.2009, confirmed by the first respondent in C.A.No.26/2009, dated 18.11.2009 and quash the same.
For petitioner : Mr.C.Prakasam For R2 : Mr.B.Anand, GA O R D E R
By this writ petition, the petitioner seeks to quash the order passed by the first respondent / the Presiding Officer, Principal Sessions Court, Vilupuram, in C.A.No.26 of 2009, dated 18.11.2009, confirming the proceedings dated 31.07.2009 of the second respondent / the District Revenue Officer, Vilupuram District, recommending the Joint Registrar of Cooperative Societies, Vilupuram, to initiate disciplinary action against the petitioner.
While the petitioner was working as Salesman at Shop No.1, Kottakuppam Village, run by Irumbai Primary Agricultural
Cooperative Credit Society, on 28.05.2008, Kottakuppam Police was informed about the smuggling of PDS rice in Mini Lorry bearing Registration No.TN-32-C-9987 from the Fair Price Shop No.1, Kottakuppam Village, Vanur Taluk, Villupuram District, and upon complaint made by the public, the petitioner was taken into police custody and the vehicle in question was also seized. Subsequently, after receiving a report from the Inspector of Police (Foodcell), Cuddalore, in Crime No.40/2008, dated 28.05.2008, the second respondent, in his proceedings dated 31.07.2009, had forfeited the rice and thereby imposed a fine to the tune of Rs.25,000/- against the owner of the Mini Lorry as penalty, besides requesting the Joint Registrar of Cooperative Societies, Villupuram, to take necessary action against the salesman/petitioner herein for the shortage of PDS rice and the bogus billing as reported by the Special Tahsildar (Flying squad), Villupuram. Aggrieved by the said impugned proceedings of the second respondent, when appeal was preferred, the Presiding Officer, Principal Sessions Court, Villupuram / first respondent herein, had confirmed the above said proceedings of the first respondent, vide C.A.No.26 of 2009, dated 18.11.2009. As against the orders of the respondents 1 and 2, the petitioner has filed the present writ petition with a prayer cited supra.
respondent recommended the Joint Registrar of Cooperative Societies to initiate disciplinary action against the petitioner. It is further stated that the appeal preferred by the petitioner against the proceedings of the second respondent was also ultimately dismissed by the first respondent and hence, the prayer of the petitioner seeking to quash the orders passed by the respondents 1 and 2 is liable to be rejected.
I) Shortage of PDS commodities found in the shop:
a) Rice – 5627 kgs. (5627x12.18) = Rs.68,537/II) Bogus Billing:-
b) Rice, Sugar, Kerosene and Wheat = Rs.4,945/-
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To
2 issues framed by the court
Whether the writ petition challenging the order recommending disciplinary action against the petitioner under the Essential Commodities Act has merit.
Whether the second respondent had the power to recommend disciplinary action under the Essential Commodities Act, 1955.
2 provisions across 2 enactments
S. Prasath
The Presiding Officer, Principal Sessions Court, Villupuram
The District Revenue Officer, Villupuram
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
