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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
B. Manjula – Appellant
Vs.
District Collector, Civil Supplies and Ors. – Respondent
W.P. No. 32713 of 2011
Decided On: 26.11.2014
A.P. State Public Distribution System (Control) Order 2008 - sub-clause (5) of Clause 5 - Stock register – Missing entries – Disciplinary enquiry under– Writ Petition is filed for a mandamus to set-aside order dated of respondent and orders dated of respondent Nos. 2 and 1, passed in the appeal and revision, respectively are no entries in stock register of rice – The dealer has explained that she received P.D.S. rice on and get the release orders from Revenue Inspector on and started distribution of rice and distributed On marriage at returned on 8th and again she went to attend alliance at and could not make entries as she returned Supreme Court held that the disciplinary enquiry must be held in accordance with the rules in a just and fair manner and that the procedure at the enquiry must be consistent with the principles of natural justice; that the principles of natural justice require that a copy of the document, if any, relied upon against the party charged should be given to him and he should be afforded opportunity to cross-examine the witnesses and to produce his own witnesses in his that if the findings are recorded against a Government servant placing reliance on a document which may not have been disclosed to him or the copy whereof may not have been supplied to him during the enquiry when demanded, that would contravene the principles of natural justice rendering the enquiry and the consequential order of punishment illegal and void – Held, settled legal proposition that not only an administrative but also a judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the court is bound to give reasons for its conclusion. It is the duty and obligation on the part of the court to record reasons while disposing of the case. The hallmark of an order and exercise of judicial power by a judicial forum is to disclose its reasons by itself and giving of reasons has always been insisted upon as one of the fundamentals of sound administration of justice-delivery system, to make known that there had been proper and due application of mind to the issue before the court and also as an essential requisite of the principles of natural justice giving of reasons for a decision is an essential attribute of judicial and judicious disposal of a matter before courts, and which is the only indication to know about the manner and quality of exercise undertaken, as also the fact that the court concerned had really applied its mind and State of Rajasthan – Writ Petition is allowed.
C.V. Nagarjuna Reddy, J.
1. This Writ Petition is filed for a mandamus to set-aside order dated Nil-4-2011 of respondent No. 3 and orders dated 3-8-2011 and 1-12-2011 of respondent Nos. 2 and 1, passed in the appeal and revision, respectively.
2. The facts of the case lie in a very narrow compass. The petitioner's fair price shop was inspected by the Tahsildar, Gonegandla Mandal. The charges framed based on the said inspection and the explanation offered thereto by the petitioner, as reflected in the impugned order, are as follows:
| Sl. No. | Charges Framed | Explanation offered by the dealer/petitioner |
| 1. | There are no entries in stock register of rice | The dealer has explained that she received P.D.S. rice on 2-2-2011 and get the release orders from the Mandal Revenue Inspector on 3.2.2011 and started distribution of rice and distributed upto 48 Qtls. On 4th & 5th marriage at Adoni returned on 8th and again she went to attend alliance at Adoni and could not make entries as she returned on 10th |
| 2. | Rice stock has been compared with reference to issue register and the ground balance and it should be 90 kgs. But the actual ground balance found is 2.50 Qtls i.e. 1.60 Qtls of rice is excess. | The dealer has explained that as she was not in the town, some card holders left the cards in the shop in her absence with the weighman. There was a balance of 1.60 Qtls. of rice. The Officer has not examined the card holders and come to decision |
| 3. | The sugar stocks are NIL as per the stock register but 20 kgs. Of ground balance is available in the F.P. Shop | The dealer has explained that 20 kgs. Of sugar has purchased by her clerk in open market and kept in the shop. A bill was also said to be produced. |
| 4. | 6 white ration cards are available in the shop (details are in Panchanama) and one Arogyashree card and one bogus pattadar passbook have been seized. | The dealer has explained that the six cards were collected from the card holders and kept in the shop as she was not in town. |
| 5. | Empty bottles of liquor (IMFL) of different sizes are found in the F.P. Shop. | The dealer has explained that they were kept to close the holes put by the rats after breaking them. |
| 6. | That the dealer has failed to display the board showing the particulars of stock and their rates. | The dealer has explained that the stock board was inside the shop which was also shown to the vigilance officer. |
By order dated Nil-4-2011, respondent No. 3 has cancelled the petitioner's authorisation while not accepting the explanation of the petitioner. This order was confirmed in appeal and revision by respondent Nos. 2 and 1, respectively.
3. I have heard Sri K. Rajanna, learned Counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (AP).
4. The power of respondent No. 3 to impose penalties on fair price shop dealers is derived from sub-clause (5) of Clause 5 of the A.P. State Public Distribution System (Control) Order 2008. The said provision reads as under:
"The appointing authority may, at any time whether at the request of the authorised fair price shop dealer/nominated retailer/hawker or authorised establishment on suo motu after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, add to, amend, vary, suspend or cancel the authorisation issued or deemed to be issued to him under this clause".
(Emphasis added)
The Clause reproduced above enjoins on the appointing authority to follow two mandatory conditions before imposing any penalty as envisaged therein. The first, it shall make an 'enquiry' as deemed necessary; and the second, it shall record reasons in writing.
5. As per the Oxford Dictionary Thesaurus, Indian Edition-2007, meaning of the word 'enquiry' includes prob
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