- (1.) The writ petition is at the instance of 4 millers, who have been served with notices by Food Corporation of India (FCI) for immediate replacement of specified quantities of stocks alleged to have been made as below rejection limit (BRL) rice. The counsel for the petitioners states that the petitioners 1 and 2 have complied with the notices and, therefore, he does not press for the reliefs sought for in respect of them.
(2.) It is a conceded case that the supplies were made by petitioners 3 and 4 and quantities were accepted after inspection in the month of June, 2011 as far as the 3rd petitioner is concerned and in the month of April, 2011 as far as the 4th petitioner is concerned. BRL is said to have been detected for the 3rd petitioner on 28.07.2011 and for the 4th petitioner on 27.06.2011. The counsel for the petitioners would contend that the agreement that the millers have entered into with the agencies provides for the delivery of milled rice as per specifications laid down by the Government of India and it also states that after an acceptance note made, check memo and other relevant documents are given, the millers could claim the delivery to have been effected and obtain release order of milling charges for the quantity of rice delivered. The counsel for the petitioners would rely on a procedure laid down in the communication of FCI to the various regional offices about how a checking regarding the quality of rice is to be done. The relevant clause found in the communication is reproduced :- "...........To have a proper check of rice accepted by each TA at the depot, 10% & 5% samples of rice from the stack (duplicate), accepted by each TA at each depot of FCI district will be collected by the representatives of Area Manager and General Manager (Region) respectively, within a week's time for test analysis in District and Regional Labs to verify the results of concerned TAs and for taking necessary action as may be deemed necessary. The stacks from which samples have been collected by District/Regional Labs should not be moved till the receipt of analysis results from the respective Labs. District/Regional Office should convey the results to concern centres/depots invariably within a week's time. Ensuring genuinety of the samples so collected shall be the responsibility of squad/representative of General Manager (Region) and Area Manager. Second sample after analysis in the Labs should not be destroyed for a period of 3 months. In the event, if any, sample is found beyond specification, immediate joint analysis be carried out with the concerned TAs and Manager (QC) and disciplinary action may be taken as deemed fit. Timely collection, analysis and communicating of analysis results and joint analysis of samples will be the responsibility of concerned District/Regional Heads........."
(3.) The grievance is that an inspection was required to be done in a week's time for test analysis and it could not be done at the whims and fancies of the FCI and the assessment of BRL made on a 'super inspection' is impermissible.;