SURINDER GUPTA, J. - (1.) THIS judgment will dispose of two petitions captioned above, as the relief claimed in both the petitions is almost similar. For the sake of convenience, the facts have been taken up from CRM -M No.17849 of 2011.
(2.) THE petitioners have sought directions to respondents No.1 to 3 to investigate and take action on their complaint dated 13.05.2011 (Annexure P -1) relating to misappropriation and cheating of the Government of India subsidy to the tune of Rs.120 crores. As per the petitioners who are rice -millers in State of Punjab, Union Government sanctioned Rs.190 crores to compensate the rice - shellers on account of upgradation of damaged crop of PAU -201 paddy variety for the year 2009 -2010. Many rice -millers in connivance with the officials of Food Corporation of India (for short 'FCI') and others dishonestly claimed the subsidy under the above scheme of the Government of India for the paddy variety PAU -201 of subsequent years, thereby causing loss to the Central Government. The Ministry of Consumer Affairs, Food and Public Distribution, Department of Food & Public Distribution, Krishi Bhawan, New Delhi issued a letter dated 11.10.2010 relating to milling of PAU - 201 variety of paddy procured in Punjab during Kharif Marketing Season (for short 'KMS') 2009 -2010 and delivery of Custom Milled Rice (for short 'CMR'). The letter reads as follows: - 'I am directed to refer to this Department's letter's of even number dated 22nd September, 2010 and 23rd September, 2010 on the above subject, whereby, Govt. of India's decisions on disposal of the remaining un -milled stocks was conveyed and to state that subsequently the State Government of Punjab vide their letter No.RP -2(2085) -2010 dated 4th October, 2010 have submitted revised proposal for milling of this paddy. I am further directed to covey that after giving the consideration to this proposal of the State Government, the following decisions have been taken by the Government of Indian in suppression of instructions issued vide letter dated 22nd September, 2010 and 23rd September, 2010. (i) The balance quantity of paddy as on 01.10.2010 will be got milled and resultant Custom Milled Rice will be delivered to FCI within relaxed specifications applicable for Kharif Marketing Season 2009 -10. (ii) Since rice milled out of this paddy is likely to have damaged grains above 4.75% allowed by Government of India in KMS 2009 -10, Government of Punjab will undertake up - gradation of rice obtained from above paddy before delivering it to FCI. (iii) Government of India will pay to the State Government a sum of Rs.200 per quintal of rice for Mansa and Bathinda districts and Rs.100 per quintal in the remaining districts as cost of up - gradation. No additional cost beyond this amount will be paid by the Government of India and this assistance will be limited to the total and district wise quantities of rice specified in Annexure 'A' to letter No.RP -H (2085) - 2010/2671 dated 3rd September, 2010 are annexed). (iv) The total financial burden on Govt. of India will not exceed Rs.189.20 crores (461632 tones of rice at Rs.200/ - per quintal at Mansa and Bathinda and 962084 tonnes of rice at Rs.100/ - per quintal in remaining eight districts of the State). (v) The Government of Punjab will ensure milling of paddy and delivery of CMR to FCI on priority. They will also ensure that this process of delivery of rice is completed by 31.01.2011. Further more, the State Government will ensure delivery of balance quantity of rice of Kharif Marketing Season 2009 -10 before they deliver rice of Kharif Marketing Season 2010 -11 in these 10 districts. (vi) In order to avoid any recycling of old rice of KMS 2009 -10, the CMR of KMS 2010 -11 will be accepted only after the delivery of CMR of KMS 2009 -10 in these 10 districts. 2. This arrangement is made keeping in view the exceptional nature of the problem resulting from the peculiar nature of this case and will not constitute any precedence for future in Punjab or elsewhere. 3. In future, the State Government will ensure that no variety of rice is released unless extensive field and laboratory tests confirm that the standards prescribed in the Prevention of Food Adulteration Act are fully met."
(3.) THE petitioners made a complaint Annexure P -1 to respondent No.2 which contains the allegations as follows: - "Now the applicants/complainants have come to know that many rice shellers of the State of Punjab for getting the above mentioned benefits given by the Government of India regarding the milling of CMR of KMS 2009 -10 of PAU -201 variety of paddy, are milling the KMS 2010 -11 of other varieties and putting the same in the account of CMR of KMS 2009 -10 and by this bringing huge losses to the Central Government exchequer by cheating the Union of India in connivance with the local agencies. The authenticity of delegation of facts can be ascertained by parameters listed herein under: - (1) The germ line of PAU 201 can be easily verified from procured stocks of which a claim of Rs.200 per Qt. has been given. (2) The moisture content in the year 2009 -10 would be much less than recent crop 2010 -11. (3) Physical verification of the rice mills wherein the gunny bags of paddy with the printed date of crop year can be verified and ascertained. (4) The balance stock of rice mill can be physically verified and gaps between actual and proceedings years of 2010 -11 can be called for." ;