JYOTI DUTTA Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. P.P. Dutta, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned Government Advocate for the State respondents.

(2.) In this writ petition under Art. 226 of the Constitution of India, the case projected by the petitioner is that she was the holder of a Fair Price Shop dealer licence bearing No. SVSL 4/ 2001/ 56 dated 09.10.2009 in Ward No.10 of Amguri Town in the district of Sivasagar, Assam. However, while the petitioner was expecting the issuance of necessary allotment orders in respect of PDS articles list of beneficiaries as well as counter foils of the Family Identity Cards (FIC), BPL, APL and AAY Cards of the beneficiaries, the said requisites were not made available to the petitioner. However, despite repeated persuasion, the Superintendent of Food and Civil Supplies & Consumer Affairs (respondent No.5) refused issuance of the allotment orders and counter foils of the FIC, BPL, APL and AAY Cards to the petitioner on the ground that there were 30 public complaints against the petitioner. Therefore, the petitioner had applied for disclosure of information about those public complaints by letter dated 11.11.2009 under RTI Act, 2005 before the Additional Deputy Commissioner, Sivasagar and on the same day the petitioner had also filed an RTI application before the Superintendent, Food and Civil Supplies and Consumer Affairs, Sivasagar thereupon by letter under Memo No. SVSL.60/07/1733 dated 08.12.2009, the petitioner was provided a RTI reply to the effect that "No any complaint received from the public".

(3.) Thereafter, the petitioner was served with the order dated 10.12.2009 passed by the Deputy Commissioner-cum-Appellate Authority on the RTI application of the petitioner by which the RTI application filed by the petitioner was rejected. However, the petitioner was served with an allotment order dated 22.12.2009 in respect of allotment of sugar for 50 FIC's for the month of Dec., 2009. However, on 30.12.2009, the petitioner had informed the Deputy Commissioner, Sivasagar that although only 50 FIC holders were attached to her, but as no counter foil for the said allotment was supplied to her inspite of her constant approach for the same, the petitioner expressed inability to lift the allotted sugar. In the meanwhile, having been denied the requisite RTI information, the petitioner had filed an appeal before the Chief Information Commissioner, Assam Information Commission on 31.12.2009. Thereafter, the authorities, had again issued a fresh allotment letter for lifting levy sugar on 20.02.2010 and accordingly, the petitioner had lifted such supply. In the meanwhile, the Assam Information Commissioner had directed the personal appearance of the Deputy Commissioner, Sivasagar for hearing the appeal of the petitioner, as a retaliatory measure, the Deputy Commissioner, Sivasagar by order No. SVS/ 3/ 2010/ 2 dated 10.02.2010 had suspended the Fair Price Shop/ dealer licence of the petitioner.