JUDGMENT

KRISHNA IYER, J.:—This batch of cases between a State Government (Andhra Pradesh) and the Union Government suggests the need for litigative discipline for our governments and a periodical post-auditing in that behalf. And now we make good this inaugural observation by narrating briefly the necessary facts and examining closely the few points tersely presented by the Additional Solicitor General appearing for the common appellant in all these cases.

2. Our Constitution mandates on the State welfare activism and contemplates its undertaking distribution of commodities essential to the life of the community at large through trade and business directly organised or in other suitable ways. Food grains and fertilisers are strategic items and the Union of India has, in fulfilment of high governmental functions, been procuring these vital goods and selling them to the States or their nominees so as to ensure equitable supplies and price discipline. Pursuant to this commendable programme the Central Government constructed an infrastructure and, pertinent to our purpose, appointed, inter alia, a Joint Director of Food stationed in the port town of Visakhapatnam. This Officer sold, fo