Court No. - 1 Case :- MISC. BENCH No. - 7016 of 2010 Petitioner :- Brahm Dev Yadav Respondent :- Sub Divisional Magistrate Safipur Unnao Petitioner Counsel :- R.N.Gupta,Moti Lal Yadav Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Sri Anand Kumar, Sub Divisional Officer, Safipur,
District Unnao is present in person. He could not satisfy nor
explain that under what authority and on what material he has
suspended the agreement of fair price shop of the petitioner.
Vague recital has been made in the order that telephonic
complaint given by card holders and public has persuaded him
to pass the order. It, thus, shows that the impugned order has
been passed in an absolutely and arbitrary manner and without
application of mind as also without finding out the truth, even
prima-facie, of any such complaint, made on telephone.
The order aforesaid shows that, though the officer did not
visit the place he has made general observations, that less
quantity of commodity is being supplied to the card-holders and
excess price is being realized. It also says that sugar has not
been distributed in the presence of observer nor in the presence
of the Village Level Committee.
The officer could not explain , that when he has not
visited the shop and there being no written complaint, nor there
is anything to show as to who are those members who had
made the complaints on telephone then on what basis this
agreement has been suspended. The impugned order, thus, is
liable to be set aside.
Sri Anand Kumar, Sub Divisional Officer, though tenders
unconditional apology and states that he may recall the order
but the order has yet not been recalled. We find that by an
action of the respondents officer, the petitioner has been put to
great agony, as he has to approach the Court by engaging a
lawyer, resulting into consumption of some precious time of the
Court also.
We, therefore, set aside the impugned order 15.07.2010,
contained as Annexure No. 1 to the writ petition.
We under the circumstances direct that Sri Anand Kumar
shall deposit Rs.5000/- as costs within a period of one month
from today before the Registrar of this Court; failing which the
same shall be realized as arrears of land revenue by the District
Magistrate on a recovery certificate being issued by the
Registrar of this Court and the same shall be remitted to the
Mediation and Conciliation Centre of Lucknow Bench.
We further direct and make it clear that no other action
shall be taken against the Sri Anand Kumar i.e. the Officer
concerned, either departmentally or otherwise nor the
observations made against him in this order shall be mentioned
in the service record of the officer concerned and also the
present order will not come in the way of his service career
while considering his promotion etc.
The writ petition is allowed.
Order Date :- 2.8.2010
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