SUDHIR AGARWAL, J. - (1.) THIS writ petition basically commenced with assailing the orders dated 26.7.2008 passed by Deputy Collector, Chitrakoot, cancelling fair price shop agreement of the petitioner and appellate order dated 30.7.2009, passed by Deputy Commissioner (Food), Chitrakoot Dham Mandal Banda dismissing petitioner's appeal. It was a simple case, raising a question, whether action taken by respondents was valid and just, in the facts and circumstances of the case, but has turned into a serious matter involving much larger issues having wider ramifications upon the poor people at large residing in the State, and, in particular, in the seven districts forming a part, better known as "Bundelkhand area" of State of U.P.
(2.) THE petitioner Vinod Singh, son of Lakhan Singh, was appointed/engaged, in 1991, as an agent for distribution of essential commodities, under Public Distribution System (hereinafter referred to as "PDS"), to the beneficiaries of scheme in Village Akbarpur, Block and District Chitrakoot. On 23.2.2008, Collector, Chitrakoot himself made an inspection of Village Akbarpur. Several card holders in the category of Antyodaya, Below Poverty Line (hereinafter referred to as "BPL") and Above Poverty Line (hereinafter referred to as "APL") made complaints about irregularities committed by petitioner in supply of essential commodities and other goods meant for distribution under PDS. The statements of some of beneficiaries were recorded by Supply Inspector on 23.2.2008 itself, and, thereafter, an FIR under Section 3/7 of Essential Commodities Act was registered in P.S. Kotwali, Karvi Chitrakoot numbered as Case Crime No.537 of 2008 on 24.2.2008. The petitioner's fair price shop agreement was suspended by Deputy Collector vide order dated 26.2.2008. He was also required to show cause. Three charges were levelled against him which read as under: ...[VERNACULAR TEXT OMMITED]... "As per written statements of 07 (seven) cardholders of Antyoday Scheme, 06 (six) card holders of B.P.L. Scheme and 10 (ten) card holders of A.P Scheme or of their family members as recorded in Charge No. (1), there is an allegation of distributing sugar and kerosene oil at the rates higher than the fixed ones. As per written statements of 01 (one) cardholder of Antyoday Scheme, 06 (six) card holders of B.P.L. Scheme and 02 (two) card holders of A.P Scheme or of their family .L. members as recorded in Charge No. (2), there are allegations of nonreceipt of foodgrains as per the prescribed distribution scale/distribution thereof at the prices higher than the fixed net price and nondistribution of kerosene oil in the month of January 2008 on A.P.L. cards. In Charge No. (3), there is an allegation of distributing 12 Kg of wheat instead of 15 Kg thereof on 13.02.2008 to every beneficiary under Drought Relief Scheme." (English Translation by the Court) The petitioner denied all these charges. In respect to charges No.1 and 2, the card holders, who are said to have given statements against petitioner, filed their affidavits dated 26.3.2008 stating that they were supplied essential commodities namely wheat, rice, sugar and kerosene oil on prescribed rates and in requisite quantity; and in respect to charge no.3 the defence was that quantity of wheat supplied to dealer itself was less than the prescribed quantity, hence, he had no option but to distribute only that much quantity which he received. The Deputy Collector observed in its order dated 26.7.2008 that the reply of petitioner in respect to charges No.1 and 2 is partially correct but mostly unsatisfactory. In respect to charge no.3 he found reply satisfactory. Thereafter he proceeded to cancel the agreement for committing irregularities in distribution of essential commodities. He however founded his order on a new charge that petitioner did not distribute 1660 litres of kerosene oil lifted in February, 2008 nor transferred the same to another dealer with whom petitioner's shop was attached after suspension.
(3.) THE petitioner filed appeal vide memo of appeal dated 25.8.2008. He explained about the new charge noticed for the first time in cancellation order, that the dealer with whom petitioner's shop was attached, declined to purchase kerosene oil. This fact was intimated to the authority concerned hence no responsibility can be fastened with the petitioner for non distribution of kerosene oil lifted in the month of February, 2008. He also said that subsequently kerosene oil was distributed to card holders in presence of witnesses. Evidently the allegation of non distribution of kerosene oil lifted in the month of February 2008 did not form part of the charge sheet but was added in cancellation order dated 26.7.2008. The petitioner pointed it out during the course of argument, before Appellate Authority, but he has rejected appeal vide order dated 30.7.2009. Besides others, the appellate order says that petitioner is "guilty of distributing lessor quantity of foodgrains to card holders in the category of BPL and Antyodaya". The respondents No.2 and 3 had filed a counter affidavit sworn by Sri Ashwani Kumar Srivastava, Tehsildar Karvi, Chitrakoot. It stated that an inspection was made on 23.2.2008 when the petitioner was found committing irregularities in distribution of essential commodities. He had violated provisions of U.P. Scheduled Commodities Distribution Order, 2004 as well as terms and conditions of the agreement. A first information report under Section 3/7 Essential Commodities Act was registered as Case Crime No.537 of 2008 on 24.2.2008 by the Supply Inspector at P.S. Kotwali, Chitrakoot. The agreement was suspended on 25/26.2.2008 and after considering petitioner's reply dated 27.3.2008, the agreement was cancelled vide order dated 26.7.2008, and, appeal has also been dismissed by the Deputy Commissioner. It is also averred that the petitioner was appointed as fair price shop dealer in 1991. Earlier also, discrepancies were found in his running of shop. In a checking made on 30.7.1993 certain discrepancy was found resulting in suspension of his shop which however was restored with a warning. Thereafter another checking was made on 10th July, 2007 which also resulted in suspension of his agreement but was restored by order dated 11.12.2007 with a stern warning and forfeiture of security money of Rs.250/ and penalty of Rs.3,000/. In checking made on 23.2.2008, complaints of irregularities and improper distribution of essential commodities and selling of foodgrains in black market were reported. The Supply Inspector conducted enquiry and submitted report whereafter action in question was taken. When petitioner's shop was attached with another dealer namely Madan Mohan of Village Gonda, he transferred the foodgrains and sugar available in stock to the said dealer but not kerosene oil. The Deputy Collector by order dated 10.4.2008 directed petitioner to transfer kerosene oil lying in his shop to Madan Mohan but he failed. ;