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2012 Supreme(SC) 2672
SUPREME COURT OF INDIA
Dalveer Bhandari, Dipak Misra, JJ.
People's Union For Civil Liberties - Petitioner
Versus
Union Of India & Ors. - Respondents
W.P. (Civil) No. 196 of 2001. IA Nos. 90, 93, 98, 102 tO 108, 110, 111 and 112 in W.P.(C) 196/2011, Compt.Pet(C) NO. 99/2009 in W.P.(C) NO. 196/2001, (People's Union For Civil Liberties v. Union Of India & Ors.) (With Application For Exemption From Filing O.T.) W.P.(C) No. 277/2010 (Kapila Hingorani v. Union Of India).
Decided On : 3-2-2012
For the Petitioners:- Mr. Colin Gonsalves, Sr. Advocate, Ms. Amey Shukla, Ad. Ms. Jyoti Mendiratta, In CC 99 Mr. Debasis Misra, In W.P. 277 For M/s Hingorani Associates, Advocates, (NP), .
For the Respondents:- In IAs 104-105 Mr. Manish Pitale, Mr. Wasi Haider, In IA 111 Mr. Ashok Kumar Sharma, Mr. Avinash Kumar Jain, In IOA 102, 103 Mr. Prakash Kumar, Mr. Chandra Bhushan Prasad, For Respondent(s) For UOI Mr. Mohan Prasaran, ASG. Mr. D.L. Chidanand, Ms. Sushma Suri, Mr. S. Wasim A. Qadri, Ms. Sunita Sharma, Mr. S.S. Rawat, For Planning Commn. Mr. Sunil Fernandes, Ms. Astha Sharma, Mr. Krishnan Adhikary, For FCI Ms. Indra Sawhney, Ms. Karnika Sethi, Mr. Lakshay, For MCD Mr. Sanjiv Sen, Mr. Ujjal Banerjee, Mr. P. Parmeswaran, For NDMC Mr. Sanjiv Sen, Mr. Ujjal Banerjee, Ms. Charu Ambwani, Mr. Prashant Kumar, For DDA Mr. Vishnu B. Saharya, For M/s. Saharya & Co., Advocates FOR THE STATES OF Andhra Pradesh Ms. D. Mahesh Babu, Mr. Mayur Shah, Ms. Savita Dhanda, Mr. Amit K. Nain, Arunachal Pradesh Mr. Anil Shrivastav, Mr. Rituraj Biswas, Assam Mr. Riku Sarma, Mr. Navnit Kumar, For M/s. Corporate Law Group, Advocates ....3/- Bihar Mr. Gopal Singh, Mr. Manish Kumar, Chhatisgarh Mr. Atul Jha, Mr. Sandeep Jha, Mr. Dharmendra Kumar Sinha, Goa Ms. A. Subhashini, Gujarat Ms. Hemantika Wahi, Ms. Jesal, Haryana Mr. Manjit Singh, AAG. Mr. Tarjit Singh, Mr. Kamal Mohan Gupta, Himachal Pradesh Mr. Naresh Kumar Sharma, Jammu & Kashmir Mr. Sunil Fernandes, Ms. Astha Sharma, Mr. Krishnan Adhikary, Jharkhand Mr. Gopal Prasad, Karnataka Mr V.N. Raghupathy, Kerala Ms. Bina Madhavan, Madhya Pradesh Mr. Vikrant Singh Bais, Mr. B.S. Banthia, Maharashtra Mr. Shankar Chillagre, Ms. Asha G. Nair, Manipur Mr. Khwairkpam Nobin Singh, Mr. Sapan Biswajit Meitei, Meghalaya Mr. Ranjan Mukherjee, Mr. S. Bhowmick, Mr. S.C. Ghosh, Mr. R.P. Yadav, Mizoram Mr. Pragyan P. Sharma, Mr. P.V. Yogeswaran, Ms. Mandakini Sharma, Mr. Gautam Dhamija, Mr. S. Muthu Krishnan, Mr. K.N. Madhusoodhanan, Mr. R. Sathish, Nagaland Mr. Edward Belho, Ms. K. Enatoli Sema, Mr. Amit Kumar Singh, ...4/- Mr. Nimshim Vashum, Mr. Lhusisato Inalu, N.C.T. of Delhi Mr. Mohan Parsaran, ASG. Mr. D.L. Chidanand, Ms. Sunita Sharma, Ms. Sushma Suri, Ms. Anil Katiyar, Mr. S. Wasim A. Qadri, Mr. D.S. Mahra, Mr. S.S. Rawat, Mr. B.V. Balaram Das, Orissa Mr. Suresh Chandra Tripathy, Mr. Dilip Kumar Shara, Punjab Mr. Kuldip Singh, Rajasthan Dr. Manish Singhvi, AAG. Mr. Ashutosh Kumar Singh, Mr. Irshad Ahmed, Sikkim Ms. Aruna Mathur, Mr. Yusuf Khan, Mr. Kaustabh Sinha, For M./s. Arputham, Aruna & Co., Advocates Tamil Nadu Mr. S. Guru Krishnakumar, AAG. Mr. B. Balaji, Mr. A. Prasanna Venkat, Tripura Mr. Gopal Singh, Mr. Rituraj Biswas, Uttarakhand Mr. Tanmaya Agarwal, Ms. Rachna Srivastava, Uttar Pradesh Mr. Pramod Swarup, Sr. Advocate, Mr. Raj Kumar Gupta, Mr. Rajeev Dubey, Mr. Kamlendra Mishra, West Bengal Mr. Soumitra G. Chaudhuri, Mr. Raja Chatterjkee, Mr. B.P. Yadav, Ms. Sampa Senguopta, for the Union Territories Andaman & Nicobar Mr. Rituraj Biswas, Mr. D.S. Mahra, Chandigarh Mr. Manpreet Singh Doabia, Ms. Sudarshan Singh Rawat, ....5/- Dadra & Nagar Haveli Mr. S.W.A. Qadri, Mr. Rituraj Biswas, Mr. D.S. Mahra, Daman & Diu Mr. S.W.A. Qadri, Mr. Rituraj Biswas, Mr. D.S. Mahra, Lakshadweep Mr. S.W.A. Qadri, Mr. Rituraj Biswas, Mr. D.S. Mahra, Puduchery Mr. R. Sundaravardhan, Sr. Advocate, Mr. V.G. Pragasam, Mr. S.J. Aristotle, Mr. Prabu Ramasubramanian, Ms. Vanita C. Giri, Mr. T.V. George, (NP), Mr. Aruneshwar Gupta, (NP), Mr. Anil K. Jha, (NP), Mr. Anis Suhrawardy, (NP), Ms. Kamini Jaiswal, (NP), Mr. Pradeep Misra, (NP), Mr. Tara Chandra Sharma, (NP), Mr. K.V. Mohan, (NP), Ms. D. Bharathi Reddy, (NP), Mr. Shivaji M. Jadhav, (NP), Mr. Anil K. Jha, (NP), Mr. Chander Shekhar Ashri, (NP), Mr. Ramesh Babu M.R., (NP), Mr. Sanjay R. Hegde, (NP), Mr. Vishwajit Singh, (NP), Mr. Rajesh Srivastava, (NP), Mr. Jatinder Kumar Bhatia, (NP), Mr. Ravi Prakash Mehrotra, (NP), Ms. Sumita Hazarika, (NP), Mr. Ravindra Keshavrao Adsure, (NP), Mr. S. Thananjayan, (NP), Mr. Vikas Mehta, (NP), Ms. Anjana Chandrashekar, (NP), Mr. Anuvrat Sharma, (NP), Mr. Chandra Bhushan Prasad, (NP), and Mr. G. Venkateswara Rao Anumolu, (NP).
Headnote:
Consumer Affairs, Food and Public Distribution - Progress of Computerisation - Submitted a Report on the basis of the visit of the Committee where a presentation was made by the Deputy Secretary, Department of Food, Civil Supplies & Consumer Protection and District Supply Officer - According to observation of Justice Wadhwa, it was found that progress of computerisation was extremely slow and almost non-existent. No substantial work has been done except just initiating the digitization process which was at the initial stage and facing great deal of problems - Committee also visited the Data Centre where digitization of data was being carried out. It was clear at the Data Centre that the Data Entry Operators had been engaged a day earlier - They were uploading data from forms which had not been verified by any authority but bore the seal of the verifying authority - Held, All Chief Secretaries and Administrators are directed to fully cooperate with the Chief Coordinator and meticulously comply with his directions - Chief Secretaries and Administrators are also directed to submit the progress report of computerisation in their respective States or Union Territories. The Chief Coordinator is directed to file a comprehensive affidavit about the progress of the computerisation programme in all States and the Union Territories on or before 12th March, 2012 with an advance copy to the petitioners and to other parties - Chief Coordinator would be at liberty to take assistance of any other officers/officials in carrying out the directions of this Court. All officials and authorities are directed to fully cooperate with the Chief Coordinator - Petitioners representative shall be involved in the entire programme of computerization - List this matter for further directions - Issue notice - Reply be filed within two weeks – Ordered Accordingly
ORDER :
Dipak Misra, J. - Mr. Justice D.P. Wadhwa has submitted a Report on the basis of the visit of the Committee to District Satara, Maharashtra on 23rd January, 2012 where a presentation was made by the Deputy Secretary, Department of Food, Civil Supplies & Consumer Protection and District Supply Officer, Satara. According to the observation of Justice Wadhwa, it was found that progress of computerisation was extremely slow and almost non-existent. No substantial work has been done except just initiating the digitization process which was at the initial stage and facing great deal of problems. The Committee also visited the Data Centre where digitization of data was being carried out. It was clear at the Data Centre that the Data Entry Operators had been engaged a day earlier. They were uploading data from forms which had not been verified by any authority but bore the seal of the verifying authority.
2. Justice Wadhwa has earlier submitted a number of reports to this court stating that diversion of food grains can be eliminated or at least reduced to a large extent if there is complete computerisation in Public Distribution System. All counsel for the parties also endorsed the view of Justice Wadhwa. The Government of India had undertaken a massive operation to provide food to poor in the country and for its effective implementation, computerisation is absolutely imperative. It is evident from the report that there is no coordination between the Central Government and the State Governments.
3. Learned counsel for the parties suggest and we also feel that this long outstanding problem can be sorted out if the Secretary (Consumer Affairs, Food and Public Distribution) is made incharge of the computerisation programme in Public Distribution System. We order accordingly. The concerned Secretary is nominated as the Chief Coordinator of computerisation programme. He is directed to coordinate with all the State Governments and the Union Territories and ensure that entire computerisation is carried out on a top priority basis. He is directed to coordinate the programme with all the Chief Secretaries or Administrators of the Union Territories. All the Chief Secretaries and Administrators are directed to fully cooperate with the Chief Coordinator and meticulously comply with his directions. The Chief Secretaries and Administrators are also directed to submit the progress report of computerisation in their respective States or Union Territories. The Chief Coordinator is directed to file a comprehensive affidavit about the progress of the computerisation programme in all the States and the Union Territories on or before 12th March, 2012 with an advance copy to the petitioners and to other parties.
4. The Chief Coordinator would be at liberty to take assistance of any other officers/officials in carrying out the directions of this Court. All officials and authorities are directed to fully cooperate with the Chief Coordinator.
5. The petitioner's representative shall be involved in the entire programme of computerization.
6. List this matter on 16th March, 2012 for further directions.
7. I.A. No.110 (for modification of Court's order dated 22.4.2009)
8. Issue notice.
9. Reply be filed within two weeks.
