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2024 Supreme(Gau) 766
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) ITANAGAR PERMANENT BENCH: YUPIA
N. UNNI KRISHNAN NAIR, J.
Shri Ravindra Tana Tara, S/o Lt. Nerba Tana - Appellant
Versus
The State of Arunachal Pradesh – Respondents
WP(c)643(AP)2018
Decided on : 30-05-2024
Advocate Appeared:
For the Appellant : Mr. T. T. Tara Mr. G. Bam Mr. A Tatak Mr. D. Loyi Mr. B. Picha Mr. T. Gadi Mr. K. Jini
For the Respondents:Mr. I. Riram, Addl. Sr. Govt. Advocate
IMPORTANT POINT
The main legal principle established in the judgment is that only authorized complainants or authorities can file appeals before the State Commission under the National Food Security Act, 2013, and any appeal filed by an unauthorized authority is without jurisdiction.
Headnote:
National Food Security Act - Challenge to Appeal Institution - Section 20 - Summary of Acts and Sections: The court discussed the provisions of the National Food Security Act, 2013, particularly Section 15(6) and Section 16(6)(e), highlighting the appeal process against the order of the District Grievance Redressal Officer (DGRO) and the functions of the State Food Commission. The court emphasized that only a complainant or the Officer or the authority against whom such order has been passed by the DGRO can file an appeal before the State Commission. The appeal instituted by an unauthorized authority was deemed without jurisdiction, leading to the interference by the court and setting aside of the proceedings before the State Food Commission.
Fact of the Case:
The petitioner challenged the institution of an appeal before the Arunachal Pradesh State Food Commission under Section 20 of the National Food Security Act, 2013, by the Chairman, State Level Vigilance Committee, Food & Civil Supplies Department, against an order passed by the District Grievance Redressal Officer (DGRO). The petitioner, a cooperative society, was exonerated from allegations of mismanagement of PDS rice by the DGRO, which led to the appeal.
Finding of the Court:
The court found that the appeal instituted by the State Level Vigilance Committee was without jurisdiction as it was not a complainant or an authorized authority under the National Food Security Act, 2013, to file such an appeal. The State Food Commission's entertainment of the appeal was deemed to be without jurisdiction, leading to the setting aside of the proceedings.
Issues: The key issue was the jurisdiction of the State Food Commission to entertain an appeal filed by an unauthorized authority under the National Food Security Act, 2013.
Ratio Decidendi: The court's decision was based on the interpretation of the appeal process outlined in Section 15(6) and Section 16(6)(e) of the National Food Security Act, 2013, emphasizing that only authorized complainants or authorities can file appeals before the State Commission.
Final Decision: The court set aside the appeal proceedings before the State Food Commission, deeming them to be without jurisdiction.
JUDGMENT :
Heard Mr. Tadup Tana Tara, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Ito Riram, learned Additional Senior Government Advocate, appearing on behalf of all the respondents.
2. The petitioner by way of instituting the present proceeding, has presented a challenge to the institution of an appeal before the Arunachal Pradesh State Food Commission under Section 20 of the National Food Security Act, 2013, by the Chairman, State Level Vigilance Committee, Food & Civil Supplies Department, Government of Arunachal Pradesh, Itanagar, & 5(five) others, against an order passed by the District Grievance Redressal Officer(DGRO), East Kameng District, Seppa, in C.R. Case No. DGRO-001/2018, dated 20.07.2018.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioner, in the writ petition, has projected himself to be the proprietor of M/s. Nangnyo Nampin Multi-Purpose Co-operative Society Ltd., which is registered under Section 9 of the Arunachal Pradesh Cooperative Society Act, 1978, and carrying-on the business of drawal, lifting and transportation of PDS items through road transport(vehicular) and as a PDS wholesaler-cum-carriage contractor in the District of East Kameng, Arunachal Pradesh. The co-operative society which is now represented by the petitioner, herein, was awarded the contract work to carry-out district land route PDS carriage contract for various schemes under the National Food Security Act, 2013, for the year 2017-2018 i.e. till 31.03.2018, by the competent authority of the State.
The allegations having arisen against the petitioner with regard to the manner in which the said distribution was so carried-out and also allegation with regard to the misappropriation of foodgrains; an First Information Report(FIR) came to be lodged against the petitioner by the District Food & Civil Supplies Officer (DFCSO), East Kameng District, Seppa, on 27.03.2018, before the Officer-in-charge, Police Station, East Kameng District, Seppa. On receipt of the said First Information Report(FIR), the police proceeded to register the same as Seppa P.S. Case No. 30/2018 under Sections 406/420 of the IPC.
It is contended that in the meanwhile, the District Food & Civil Supplies Officer(DFCSO), East Kameng District, Seppa, had also lodged a similar complaint before the District Grievance Redressal Officer(DGRO), East Kameng District, Seppa.
It is further contended that the District Grievance Redressal Officer(DGRO), East Kameng District, Seppa, proceeded to consider the complaint as lodged against the petitioner, herein, and on conclusion of the proceedings; proceeded vide order, dated 20.07.2018, to exonerate the petitioner from the allegations so levelled against him with further directions as contained in the said order dated, 20.07.2018.
The petitioner had also instituted a criminal petition being Crl. Pet. No. 46(AP)2018, before this Court, assailing the First Information Report(FIR), dated 27.03.2018, lodged by the District Food & Civil Supplies Officer(DFCSO), East Kameng District, Seppa, before the Police Station, Seppa, which had led to the registration of the Seppa P.S. Case No. 30/2018. This Court, vide order, dated 09.08.2018, on a consideration of the issues involved and also by noticing the decision as arrived at in the matter by the District Grievance Redressal Officer (DGRO), East Kameng District, Seppa, proceeded to allow the said criminal petition and quash the First Information Report(FIR), dated 27.03.2018, registered as Seppa P.S. Case No. 30/2018.
It is contended that after the said developments had taken place in the matter; the Chairman, State Level Vigilance Committee, Food & Civil Supplies Department, Government of Arunachal Pradesh, Itanagar, proceeded vide his communication, dated 02.08.2018, to draw the attention of the Chairman, State Food Commission, Government of Arunachal Pradesh, Itanagar, to the order passed by the Dis
