The Bombay high court has passed strictures against minister for water resources for directing that a fair price shop owner, whose licence had been cancelled, be allowed to continue running the shop after paying a fine.
The Bombay high court has passed strictures against former minister for food, civil supplies and consumer protection (and present minister for water resources) Sunil Tatkare for directing that a fair price shop owner, whose licence had been cancelled, be allowed to continue running the shop after paying a fine.
Justice VR Kingaonkar of the Aurangabad bench heard a petition filed in 2006 by two residents of Pimpran in Parbhani district. They challenged Tatkare’s December 28, 2005, order partly allowing a revision application filed by Ramesh Jamraj and directing him to pay a fine of Rs10,000 along with the difference he charged in excess of fair prices.
The petition stated Jamraj ran the fair price shop and a kerosene distribution agency. Following complaints, the district supply officer (DSO) on June 7, 2004, issued him a show-cause notice and directed an inquiry.
The inquiry report submitted on June 22, 2004, stated that Jamraj had charged excessively while selling wheat and rice through the public distribution system and also while selling grains to Below Poverty Line card holders.
The DSO directed that Jamraj’s licences for running the fair price shop and the kerosene agency be cancelled. Jamraj made an appeal before the minister.
Kingaonkar said Tatkare’s order was passed on the “basis of surmises”. He noted that Tatkare observed, on the basis of receipts Jamraj issued, that the shop owner was guilty of committing “an error”.
“In fact what the minister termed ‘an error’ is actually misconduct and an act of exploiting consumers,” observed justice Kingaonkar.
The judge said that Tatkare committed a “patent error while unnecessarily causing interference in the concurrent findings of fact” rendered by the DSO and the additional commissioner (supply).
“The impugned order suffers from vices of arbitrariness and illegality,” justice Kingaonkar said. The court set aside Tatkare’s directive and upheld the orders of the DSO and assistant commissioner.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}