High Court Of ChhattisgarhWPC/1504/2020disposed off

Rohit Kumar Singroul v. State Of Chhattisgarh

2020-07-17Hon'Ble Shri Justice P. Sam Koshy13 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1486 of 2020

1. Sukhnandan Chandrakar, S/o Shri Manglu Ram Chandrakar, Aged About 30 Years, Occupation-Incharge, Paddy Procurement Center Damapur, R/o Village Ghorpendri, Post Kunda, Police Station: Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh. Mo. No. 9755907677

1. State of Chhattisgarh Through Secretary Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station: Rakhi, District : Raipur,

2. Collector, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower- C, Commercial Complex C B D, Sector 21, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

6. District Marketing officer, Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh ----- Respondents with WPC No. 1487 of 2020

1. Uttam Sharma, S/o Shri Kamal Prasad Sharma, Aged About 52 Years, Occupation Incharge, Paddy Procurement Center- Mohgaon, R/o Village and Post: Palansari, Police Station: Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh Mo. No. 9926701338

-21. State of Chhattisgarh Through The Secretary, Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya, Raipur, Police Station Rakhi, District : Raipur, Chhattisgarh

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh District: Kawardha (Kabirdham), Chhattisgarh Sangh Maryadit Kabirdha, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1489 of 2020

1. Vijay Chandrawanshi, S/o Shri Salikram Chandrawansi, Aged About 44 Years, Occupation Incharge, Paddy Procurement Center Pandatarai, R/o Village And Post Pandatarai, Police Station Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh. Mo. No. 9685972499

1. State of Chhattisgarh Through Secretary, Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station Rakhi, District : Raipur,

4. Deputy Registrar, Co-Operative Societies Kabirdham, Tahsil and Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents

-3WPC No. 1490 of 2020

1. Sanat Singh Dhruve, S/o Shri Danuram Dhruv, Aged About 44 Years, Occupation Incharge, Paddy Procurement Center Saraiset, R/o Village Saraiset, Police Station and Tahsil: Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

1. State of Chhattisgarh Through The Secretary, Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya, Raipur, Police Station Rakhi, District : Raipur, Chhattisgarh

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1492 of 2020

1. Shankar Lal Patel, S/o Shri Aniruddha Patel, Aged About 35 Years, Occupation Incharge, Paddy Procurement Center Karpigodan, R/o Village And Post: Padhi, Police Station and Tahsil: Pandariya, District Kabirdham Chhattisgarh. Mo. No. 9993215820

1. State of Chhattisgarh Through Secretary Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station Rakhi, District : Raipur,

2. Collector, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower- C, Commercial Complex C B D, Sector 21, Atal Nagar, Nawa Raipur, District : Raipur,

-4Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1494 of 2020

1. Tarjh Singh Bais, S/o Marut Mahendra Singh Bais, Aged About 53 Years, Occupation Incharge, Paddy Procurement Center Dashrangpur, R/o Village Dashrangpur, Police Station Pandatarai, Tahsil Pandariya, District Kabirdham Chhattisgarh Mo. No. 9131575181

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District : Kawardha (Kabirdham), Chhattisgarh Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1496 of 2020

1. Ludhak Ram Jaiswal, S/o Shri Anjori Ram Jaiswal, Aged About 39 Years, Occupation Incharge, Paddy Procurement Center Kishungarh, R/o Village Kishungarh, Police Station And Tahsil Pandariya, District Kabirdham Chhattisgarh. Mo. No. 7869260854

1. State of Chhattisgarh Through Secretary, Department of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station Rakhi, District : Raipur,

-52. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower - C, Commercial Complex CBD, Sector - 21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh Pandariya, District : Kawardha (Kabirdham), Chhattisgarh Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1497 of 2020

1. Kanhaiyalal Dadsena, S/o Shri Chhoturam Dadsena, Aged About 58 Years, Occupation Incharge, Paddy Procurement Center Kodwagodan, R/o Village Kodwamahant, Police Station Tahsil Lormi, District : Mungeli, Chhattisgarh

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ---- Respondents WPC No. 1498 of 2020

1. Ramesh Chandrawanshi, S/o Shri Bodhan Chandrawansi, Aged About 44 Years, Occupation Incharge Paddy Procurement Center Ruse, R/o Village Bhagalpur, Police Station: Pandatarai, Tahsil Pandariya, District Kabirdham, Chhattisgarh, Mo.No. - 8319082889

-61. State of Chhattisgarh Through Secretary Department of Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station Rakhi, District Raipur,

2. Collector Kabirdham, District Kabirdham, Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector 21, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh District: Kabirdham, Chhattisgarh Pandatarai, District Kabirdham, Chhattisgarh Sangh Maryadit Kabirdham, District Kabirdham, Chhattisgarh ---- Respondents WPC No. 1499 of 2020

1. Bharat Ram Chandrawanshi, S/o Shri Ghasiram Chandrawanshi, Aged About 48 Years, Occupation Incharge, Paddy Procurement Center Kumhi, R/o Village Kumhi, Police Station Pandatarai, Tahsil Pandariya, District: Kabirdham, Chhattisgarh Mob. No. 9981712542

1. State of Chhattisgarh Through The Secretary, Department of Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, New Mantralaya, Raipur, Police Station Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Flooe, Tower-C, Commercial Complex CBD, Sector-21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh

6. District Marketing officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents WPC No. 1502 of 2020

1. Tikaram Chandrakar, S/o Shri Ramnihora Chandrakar, Aged About 31 Years, Occupation Incharge, Paddy Procurement Center Kunda,

-7R/o Village Kunda, Police Station: Kunda, Tahsil Pandariya, District Mungeli, Chhattisgarh, Mo. No. 7869534477

1. State of Chhattisgarh Through Secretary Department of Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station: Rakhi, District Raipur,

2. Collector- Kabirdham, District: Kabirdham, Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector 21, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh District Kabirdham, Chhattisgarh Pandatarai, District Kabirdham, Chhattisgarh Sangh Maryadit Kabirdham, District Kabirdham, Chhattisgarh ---- Respondents WPC No. 1503 of 2020

1. Dushyant Sharma, S/o - Shri Ramcharan Sharma, Aged About 45 Years Occupation- Incharge, Paddy Procurement Center Kolegaon, R/o - Village And Post - Kolegaon, Police Station - Kunda, Tahsil - Pandariya, District Kabirdham Chhattisgarh. Mo.No. 9685629491

1. State of Chhattisgarh Through Secretary Department of Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station - Rakhi, District : Raipur,

2. Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh

3. General Manager Chhattisgarh State Co-Operative Marketing Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD, Sector 21, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh

4. Deputy Registrar Co-Operative Societies Kabirdham, Tahsil And

5. Branch Manager District Co-Operative Central Bank Maryadit Pandatarai, District : Kawardha (Kabirdham), Chhattisgarh

6. District Marketing officer Chhattisgarh Rajya Sahkari Vipadan Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents

-8WPC No. 1504 of 2020

1. Rohit Kumar Singroul, S/o Shri Chheduram Singroul, Aged About 44 Years, Occupation Incharge, Paddy Procurement Center Kuvamalgi, R/o Village Saihamalgi, Police Station Kunda, Tahsil Pandariya, District Kabirdham Chhattisgarh Mo. No. 913150309

2. Collector, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh Federation Limited, 6th Floor, Tower-C, Commercial Complex CBD District Raipur Chhattisgarh, District : Raipur, Chhattisgarh Sangh Maryadit Kabirdham, District : Kawardha (Kabirdham), ----- Respondents For Petitioner :

Mr. Ratnesh K. Agrawal, Advocate.

For State/Resp. 1,2 & 4 :

Mr. V.R. Tiwari, Addl. A.G., Jitendra Pali, Dy. A.G., Smt. Sunita Jain, G.A., Mr. Siddharth Dubey, Dy. G.A. and Mr.

Sudeep Verma, Dy. G.A.

For Resp. No. 3 & 6 :

Mr. Ashish Surana, Advocate For Resp. No. 5 :

Mr. Jitendra Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17.07.2020

1. The petitioner in the present writ petitions have challenged the notice Annexure P-1 dated 20.06.2020 issued by the Respondent No. 2Collector towards the Respondent No. 4 for taking appropriate recovery proceedings and also for taking appropriate criminal action against those erring officials, who are responsible for the shortage

-9caused in the purchase of paddy. The petitioners have also in turn assailed the consequent order Annexure P-2 dated 27.06.2020 issued by the Respondent No. 4 to the Branch Manager of the Respondent No. 5 asking for getting the actual verification done inrespect-of the purchase of paddy and on finding shortage of paddy, appropriate FIR be lodged and recovery proceedings be also initiated against the erring officials.

2. The contention of the counsel for the petitioners is that the petitioners as such have not in any manner committed any fault/fraud in the process of purchase of paddy. According to the counsel for the petitioners, there has been no deliberate, intentional act on the part of the petitioners, causing shortage of paddy nor is there any fraud or misappropriation committed by the petitioners, which resulted in shortage. The counsel for the petitioners also submits that, the petitioners in-fact had timely purchased the paddy and had stocked it but there has been some lapse on the part of the respondents in not lifting the said paddy promptly and many a times, even the transporter who were engaged by the Federation also failed to timely lift the paddy within the stipulated period. In addition to these, there has also been extreme weather conditions which also has attributed to the damage to the paddy, as also for the shortage caused and for all these reasons, the petitioners cannot be held responsible nor should the petitioners be subjected to prosecution or any disciplinary proceedings.

-103. The counsel for the petitioners submits that there is a great apprehension that the respondents may straightaway lodge an FIR, alleging shortage of paddy. He further makes a statement as of now, no FIR has been lodged against any of the petitioners till today. The request by the counsel for the petitioners that let respondents conduct a physical verification/ preliminary enquiry in-respect-of the purchase of paddy and only after verification of the records may find out, firstly whether there has been any shortage of paddy caused and secondly, whether there has been any intentional or deliberate act on the part of either the society or any of the office bearers of each of the society in the shortage of paddy being caused and only then should the appropriate proceedings be drawn by them. The counsel for the petitioners relied upon an Order passed by this Court in WPC No. 1417 of 2020 in this regard, where this Court disposed off the writ petition permitting the respondents to initiate appropriate proceedings only after physical verification/preliminary enquiry is conducted.

4. The counsel appearing for the respective respondents submit that the petitioner should not have any apprehension at this juncture, as any such action that would be taken shall be only after a proper investigation or a preliminary enquiry conducted. Moreover, the contention of the counsel for the respondents is that Annexure P-1 itself clearly reflects that the petitioners have been called for tallying the accounts/entries in-respect-of the paddy collected and transported by it. According to the counsel for the respondents, this

-11is a sort of verification being conducted and it is only thereafter that a proper action would be initiated. In addition, the counsel appearing for the Marketing Federation submits that as per tri-partite agreement entered into between the society, the Marketing Federation and the respondnet-Bank there is clause 2.6, which envisages that in the event, if the Federation fails to lift the paddy within a stipulated period, the respondent's society can transport the paddy to the respective storage center and can claim transportation charges from the Federation for the same. It is also submitted by the counsel appearing for the Federation that in addition, there is also a clause in the agreement, which says that in the event of any dispute between the parties, the same has to be resolved by resorting to arbitration.

5. Given the said submissions made by the counsel for the petitioners as well as by the counsel for the respective respondents, this Court is of the opinion that the main grievance or the primary apprehension of the petitioners is that the respondents may take coercive steps or initiate criminal proceedings against the petitioners without proper verification of the factual matrix of the case as is available in the records. However, when we look at Annexure P-2, the letter issued by the Respondent No. 4 to the Respondent No. 5, it appears that the same has been sent pursuant to the letter issued by the Collector on 20.06.2020 (Annexure P-1) and which is an intimation to the Respondent No. 5-Bank and the employees associated with each of the societies for physical verification of the records. Annexure P-2

-12clearly suggests that it is only after the actual physical verification done, appropriate action would be taken against the erring officials who are responsible for the shortage and that it is not an order passed in general. It would be only applicable upon those erring officials who have committed fraud or a default deliberately with intention for causing damage or shortage of the paddy.

6. In view of the contents of Annexure P-2, this Court is of the opinion that the present writ petitions also can be disposed off permitting the petitioners to furnish all necessary information and details of the records pertaining to the purchase of paddy by the respective societies to which the petitioners were associated, to the Bank, or to the concerned officers under the respondents. The petitioners are also expected to render full cooperation to the respondent authorities in the course of physical verification ordered and it is expected that only after a thorough physical verification of the records alone would the respondent authorities take appropriate action against only those officials who have been found or held responsible for the causing of the shortage, if any.

7. Needless to mention that in the event, if it is found that the shortage of paddy was on account of natural reasons, the respondents will take appropriate steps in-accordance-with the agreement entered into between the parties. In the event, if there is any further dispute regarding the quantity or quality of the paddy etc., all those issues would be resolved in terms of the agreement entered into between

-13the parties considering the standards and specifications provided for the same.

8. The writ petitions, accordingly stand disposed off. Sd/- (P. Sam Koshy) Judge Rahul