R.K.Premjit Singh vs State Of Manipur & Ors

Ramalingam Sudhakar, CJ

[1] The prayers in PIL No.2 of 2017 are as follows:-

“i. Call for the records of the case and issue rule nisi calling upon the respondents to show cause as to why the prayer prayed for by the petitioner

should not be granted. And, after hearing them your Lordships may make the rule absolute.

ii. Issue a writ of Mandamus and/ or any other appropriate writ/ order/ direction directing the official respondents to (a) put an end to the misuse,

misappropriation and mismanagement of essential commodities/ items sanctioned for the beneficiaries under different schemes of the Consumer

Affairs, Food and Public Distribution, (b) pay the beneficiaries/ ration card holders the amount of money (food security allowance) or subsidized

essential commodities/ items sanctioned to them, and (c) utilize the scarce public resources for the benefit of the beneficiaries/ ration card holders of

Manipur;

iii. Issue any appropriate writ/ order/ direction directing the official respondents to fix responsibility for the illegal and irregular practice of

misappropriation of public money and take corrective actions against the erring officials or otherwise as per law;

iv. Issue any appropriate writ/ order/ direction for the constitution of a CBI enquiry, judicial enquiry or any other appropriate Commission, as the

Hon’ble Court thinks fit, to enquire into the rampant and large scale misappropriation of public money and diversion of subsidized essential

commodities meant for beneficiaries;

v. Pass any other appropriate order/ direction that this Hon’ble Court deems fit and just in the interest of justice.

vi. Award cost of the petition to the petitioner.â€​

[2] The PIL has been filed for a mandamus to direct the respondents to stop misuse, misappropriation and mismanagement of subsidised essential

commodities/items sanctioned under National Food Security Act, 2013 ( NFSA 2013) and to properly implement the various schemes by the

Department of Consumer Affairs, Food and Public Distribution, Government of Manipur.

[3] This PIL has been filed on the basis of certain information received by the petitioner under Right to Information Act and also based on

investigation/inquiry which is reflected in some newspaper reports. It is also pleaded that the distribution is not being properly maintained as per the

various schemes and the eligibility, classification and category of families eligible for the distribution of essential commodities under the Above Poverty

Line (APL), Below Poverty Line (BPL), Antyodaya Anna Yojana (AAY). It is pleaded that there is a large scale violation of the various schemes

and therefore, an enquiry by Central Bureau of Investigation also is to be conducted.

[4] This PIL was registered on 20.02.2017 and subsequently, it has been brought to the notice of the Court that PIL No.15 of 2016 and PIL No.20 of

2017 were also filed for almost identical relief. Since multiple Public Interest Litigation will not serve the purpose of addressing the issue raised, this

Court by order dated 07.06.2018 passed in PIL No.15 of 2016 and PIL No.20 of 2017, the PIL No.15 of 2016 was disposed of as below:-

“PIL No.15 of 2016 with

PIL No.20 of 2017

BEFORE

HON'BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR

HON’BLE MR. JUSTICE KH.NOBIN SINGH

07.06.2018

These two PILs focus on the issue of effective supplying of food articles through the Public Distribution System in accordance with the provision of

National Food Security Act, 2013.

PIL No.15 of 2016 has been filed for the District of Bishnupur. Subsequently PIL No.20 of 2017 has been filed for some other Districts.

The issue raised for both the PILs is common. The PIL has to be focused on the entire State of Manipur considering the nature of Act. Therefore

proceeding in PIL No. 15 of 2016 is closed. Consequently, PIL No.20 of 2017 will be taken up for implementing the provision of Natural Food

Security Act, 2013 to the entire State of Manipur. The implementation of the National Food Security Act, 2013 by the competent officers of the State

of Manipur namely, Director, Consumer Affairs, Food & Public Distribution (CAF & PD) will be monitored.

We direct Mr. R.S. Reisang, learned senior G.A to call upon the Director, Consumer Affairs, Food & Public Distribution (CAF & PD) to prepare a

check list of duties to the officers of the Department for in relation distribution of food articles of all kinds through the District Supply Officer and in

turn for supply to villages through Fair Price Shops and submit report explaining the mode of distribution effected and number of Fair Price Shops

serviced. The report shall be submitted by the Director, Consumer Affairs, Food & Public Distribution (CAF & PD).

In the meanwhile, Mr. N. Mahendra, learned counsel for the petitioner submits that certain shortfalls will have to be explained by the Director,

Consumer Affairs, Food & Public Distribution (CAF & PD). According to him there are number of errors in the Public Distribution System from the

point of initiation to its distribution. Further he stated that he will prepare a check list and submits it on the next hearing date.

The various orders passed in PIL No.15 of 2016 shall be placed along with PIL No.20 of 2017 for the purpose of completion of record. Resultantly,

the PIL No. 15 is closed and PIL No.20 of 2017 will be considered for further orders on 18.07.2018. In PIL No.15 of 2016, Union of India

represented by the Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Govt. of India, New Delhi-110001 (Respondent No. 1) was

a party and the said authority shall be transposed as respondent No.5 in PIL No.20 of 2017 and the affidavit filed by him in PIL No. 15 of 2016 shall

be placed in the present PIL No.20 of 2017 for consideration.

Copy of this order be furnished to Mr. R.S. Reisang, learned senior G.A and Shri S. Suresh, learned ASG as well as Mr. N. Mahendra, learned

counsel for the petitioner and also be uploaded on the net.â€​

[5] Consequent to that, the PIL No.20 of 2017 is being prosecuted. Since substantial direction has been issued in PIL No.20 of 2017, there is no

necessity for this Court to issue a separate orders in PIL No. 2 of 2017 as different orders will confuse the respondents authorities and will not serve

the purpose of implementation of the National Food Security Act, 2013. Consequently, this PIL No.2 of 2017 stands closed.

[6] The orders passed in PIL No.2 of 2017 and the reply affidavits/reports filed by the respondents to be placed as a part of PIL No.20 of 2017. Dr.

R.K.Deepak is appointed as amicus curiae to assist the Court in PIL No.20 of 2017.

[7] Mr. Rarry M., learned Addl.AG states that through oversight, he has not prepared the case. Print the name of Mr. Rarry M., learned Addl.AG as

counsel for the State respondents in the cause list.

[8] List again 01.4.2020.