- (1.) Heard Shri K.S. Kushwaha, Advocate assisted by Shri Santosh Kumar Singh Paliwal, learned counsel for the petitioner and Shri Dalveer Singh, learned Standing Counsel for the State respondents. The petitioner, who is a licensee of fair price shop, has preferred the instant writ petition for issuing direction to the second respondent, Director General of Police, Khadya Prakostha, U.P. Lucknow to take action on his representation dated 10.2.2018 and to restrain the respondent nos.5 and 6 from conducting the alleged enquiry. By an amendment application, which was allowed on 5.7.2018, the petitioner has also assailed the validity of the order dated 20.4.2018 passed by the Sub Divisional Magistrate, Mohammadabad Gohna, District Mau, whereby the fair price shop licence of the petitioner has been placed under suspension.
(2.) It appears from the record that the petitioner was accorded fair price shop license of Gaon Sabha Sarya, Tehsil Mohamdabad Gohna, District Mau after following all due process and he was running the fair price shop in question without any complaint. On the complaint of the eighth respondent, the fair price shop of the petitioner was suspended on 30.12.2016. Thereafter, an enquiry was conducted by a Three-Member Committee and by the order dated 23.3.2017 the Enquiry Committee exonerated to the petitioner from all the charges and recommended for restoring the fair price shop licence of the petitioner. In pursuance of the aforesaid order, the Sub Divisional Magistrate restored the fair price shop licence on 24.3.2016. Thereafter the seventh respondent namely Man Bahadur Singh, Ex-Mandal Adhyaksh of Bhartiya Janta Yuva Morcha, Mohamdabad Gohna, Mau moved a complaint on his letter pad on 3.4.2017 before the Chief Minister for further enquiry. Again the fair price shop licence was suspended on 20.5.2017 and after the enquiry the same was restored by the Sub Divisional Magistrate on 12.9.2017.
(3.) Initially, the matter was taken up on 20.2.2018 and on the said date, the Court asked learned Sanding Counsel to seek instruction as to why the case of the petitioner, who is the petty fair price shop licensee, cannot be considered by the Licensing Authority i.e. District Supply Officer, District Mau and why the Police Inspector from Khadya Prakostha, Faizabad Region, Faizabad is being directed to conduct the enquiry against the petitioner. Thereafter, the matter was taken up on 7.3.2018 and the Court had again shown displeasure on the instruction so submitted by learned Standing Counsel. Again the matter was taken up on 21.3.2018 and the Court had proceeded to pass a detailed order to the following effect:- "In compliance of the order passed by this Court, earlier Shri Girish Kumar Shukla, District Supply Officer, Mau is present in the Court. He informed this Court that he was on earned leave w.e.f. 5.3.2018 to 9.3.2018 and, therefore, at the time when instructions were sent on 6.3.2018 by the Officer Incharge, Shri Girish Kumar Shukla was not present in the office. In so far as instruction which was sought from the learned Standing Counsel are concerned regarding matters which are referred to the Food Cell and matters which can be looked into by the District Supply Officer in urban area and by Sub Divisional Officer in rural areas, he submits that there are two Government Orders with regard to Licencing Authorities in rural and urban areas giving the power to such officers to hold enquiry in complaints regarding distribution of scheduled commodities by the licensee. However, with regard to the Food Cell, a government order had been issued on 22.2.1974 and on the basis of which, the Food Commissioner has issued a office memorandum on 7.1.1975 delineating the power and responsibility of Food Cell constituted at the Head Quarters. By the Government Order dated 3.6.1981, the Food Cell has also been given the power to constitute the flying squads in Kaval towns and by Government Order dated 10.5.2001, joint inspection team can also be constituted by the Food Cell. In relation to the petitioner, a complaint was received regarding irregularities in distribution of scheduled commodities by the Commissioner in collusion with high officers belonging to the Food and Civil Supply Department of the district. Therefore, the Food Cell was entrusted with the responsibility on 9.5.2017 for holding the inquiry. The Commissioner Food by his letter dated 5.6.2017 had requested the Additional Director General of Police (Food Cell) to get an enquiry conducted and submit a report. Till date, no report has been submitted and a reminder has been issued on 15.3.2018 to the Director General of Police (Food Cell) to inform the government regarding current status of the inquiry being undertaken. The written instructions sent from the office of District Supply Officer, Mau dated 19.3.2018 are kept on record. The District Supply Officer, Mau is exempted from further appearance in the matter. It has been submitted by the learned counsel for the petitioner in this writ petition that despite institution of the inquiry and entrustment of the same to the Food Cell since long the inquiry has not yet been completed. The petitioner has moved repeated applications for conclusion of the inquiry as the petitioner is suffering for no fault on his part. Twice the petitioner's fair price shop has been suspended and lateron suspension has been revoked. Also, because of the political interference, thrice the investigating officer had been changed. This has resulted in continued inquiry without any basis. Since, it has come on record that the Food Commissioner has written to the Director General of Police (Food Cell) for disclosure of current status of inquiry only on 15.3.2018, let, learned Standing Counsel seek instruction from respondent No.2 with regard to the current status of the inquiry and reasons for its continuance for so long and change of investigating officer thrice during this period. List this matter again for hearing on 12.4.2018";