- (1.) This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner against the respondents on 8-4-92 with a prayer that by an appropriate writ, order or direction, the order dtd. 8-7-87 (Annex. 3) passed by the DSO, Nagaur, order dtd. 9-11-87 (Annex. 6) passed by the Collector, Nagaur and order dtd. 18-4-91 (Annex. 8) passed by the Additional Commissioner, Food and Supply Department, Rajasthan, Jaipur be quashed.
(2.) It arises in the following circumstances: i) That the petitioner-Society is a duly registered co-operative marketing society and its area of operation extends to the revenue limits of Tehsil Nagaur and Jayal. ii) That the petitioner-Society was issued the authorisation for a distribution of essential commodities in its area of operation. iii) That the petitioner-Society has been dealing in distribution of levy sugar in accordance with the directions issued to it from time to time by the State Government. iv) That the godown of the petitioner-Society has been in the charge of its godown keeper Shri Chena Ram since 1-2-86. v) That the petitioner-Society received complaints from its retailers regarding non-delivery of levy sugar despite the fact that they had already deposited the required amount. On receiving the complaints, the Manager along with Vice Chairman of the petitioner-Society went to the godown and inspected the same on 27-5-87 in the presence of godown-keeper Shri Chena Ram Godara. On physical verification of the godown 400 bags of sugar were found missing. The inspection report of this physical verification was prepared on the spot. vi) That inspection report was placed before the Chairman of the petitioner-Society on 28-5-87. The Chairman of the petitioner-Society after going through the report issued a direction to lodge a first information report against Chena Ram, godown-keeper. vii) That on 30-5-87, the manager of the petitioner-Society lodged a first information report at the police station Nagaur against Chena Ram, godown keeper. On this report, a case for offences under Sections 409, 467, 468, and 471, I.P.C. was registered and investigation commenced. The petitioner-society also submitted a copy of FIR to the District Supply Officer, Nagaur (respondent No. 4) with a request to take appropriate step in the matter. viii) That after receiving this information, DSO, Nagaur (respondent No. 4) made an inspection of the godown of the petitioner-society on 1-6-87 and in his inspection report, allegations regarding contravention of the terms and conditions of the authorisation letter issued to the petitioner-society were levelled. Thereafter respondent No. 4 (Dist. Supply Officer, Nagaur) issued a show cause notice to the petitioner-society on 4-6-87 (Annex. 1). ix) That the petitioner-society submitted its reply to respondent No. 4 (Dist. Supply Officer, Nagaur) through communication dtd. 22-6-87 in which it was alleged that Shri Chena Ram, godown-keeper was incharge of the godown of the petitioner-society and the petitioner-society on knowledge of misappropriation by Shri Chena Ram, godown-keeper had lodged a first information report. Shri Chena Ram, godown-keeper was also relieved from his duty as godown-keeper and criminal as well as disciplinary actions were taken against him. A copy of reply is marked as Annex. 2. It was further alleged in the reply filed by the petitioner-society that proceedings initiated against Shri Chena Ram, godown-keeper under Section 74 of the Rajasthan Co-operative Society Act, 1965 (hereinafter referred to as the Act of 1965) culminated into an order of recovery for a sum of Rs. 2,48,799,80.00 dtd. 5-2-88 passed by the Special Court, Joint Registrar, Co-operative Societies, Udaipur. x) That despite all these facts, the Dist. Supply Officer, Nagaur (respondent No. 4) through his order dtd. 9-7-87 (Annex. 3) ordered the petitioner-society to deposit an amount of Rs. 57,083.50.00 as the difference price for the shortage of 401 quintals and 29 kgs. of sugar by 20-7-87 as also an amount of Rs. 1000.00 out of security amount was ordered to be forfeited by way of fine. It is further mentioned that recovery of above amount which was ordered through order dtd. 9-7-87 (Annex. 3) was in pursuance of circular dtd. 5-12-75 (Annex. 4) issued by the Food and Supply Department, Government of Rajasthan Jaipur. The circular dtd. 5-12-75 (Annex. 4) pertains to "Chhijat" i.e. shortage of sugar and does not pertain to shortage of sugar by misappropriation by the godown-keeper and since the present case was case of shortage of sugar by misappropriation by the godown-keeper, therefore, invoking the provisions of the circular dtd. 5-12-75 (Annex. 4) by the DSO, Nagaur (respondent No. 4) was palpably wrong. xi) That after being aggrieved by the order dtd. 9-7-87 (Annex. 3) passed by the DSO, Nagaur (respondent No. 4), the petitioner-society preferred an appeal to the Collector, Nagaur (respondent No. 3) which was dismissed by the Collector, Nagaur (respondent No. 3) vide judgment dtd. 9-11-87 (Annex. 6). xii) That after being aggrieved by the judgment dtd. 9-11-87 (Annex. 6) passed by the Collector, Nagaur (respondent No. 3), the petitioner-society preferred a revision petition before the Additional Commissioner, Food and Civil Supply Department, Jaipur (respondent No. 2) which was rejected by the Additional Commissioner, Food and Civil Supply Department, Jaipur (respondent No. 2) vide judgment dtd. 18-4-91 (Annex. 8). Hence, this writ petition with the abovementioned prayer.
(3.) Reply to the writ petition was filed by the respondents on 17-7-92. The main case of the respondents in their reply is that the petitioner-society too is liable for any wrong committed by its employees as contained in Section 10(1) and 10(2) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act of 1955). Hence this writ petition be dismissed.;