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Judgment
B.S. Patil, J.—The Official Memorandum dated 11.11.2010 issued by the Deputy Commissioner, Davanageree District, Davanager thereby holding that the enquiry conducted by the Committee constituted in this regard into the allegations of illegality and irregularities committed by the Petitioner-society in the matter of distribution of essential commodities through the fair price depot allotted to it did not disclose transparency of the actual facts and therefore deserved to be ignored warranting re-enquiry by appointing another committee is called in question in this writ petition.
The undisputed facts discloses that certain allegations were made against the Petitioner-Society is Respondent No. 3 herein alleging irregularities in his distribution of essential commodities through the public distribution system. ''The Deputy Commissioner Davanagere, directed an enquiry kite these allegations. A Committee was constituted to inquire into the matter and submit its report. Accordingly, the Committee submitted its report dated 4.11.2010 to the Assistant Director, Food and Civil Supplies vide Annexure D reporting that there was no difference in the physical stocks. No irregularities were also pointed out in the said.
The Deputy Commissioner having considered die said report has passed the impugned order rejecting the report and directing &, fresh enquiry to be held in the matter by appointing another Committee, The Deputy Commissioner has come to the conclusion after perusal of the report submitted by the enquiry Committee that prima facie there was no transparency in the enquiry and the actual facts were not taken into consideration. This conclusion is reached by the Deputy Commissioner, unilaterally without providing any opportunity the Petitioner.
Once, an enquiry is conducted and a report is submitted which, is in favour of the person against whom enquiry is initiated, before subjecting the Petitioner for a fresh enquiry on the ground that the report of the enquiry Committee suffered from some errors, it will be necessary for the competent authority to afford an opportunity of hearing to the person likely to be effected by subjecting him again to another enquiry. Normally, such further enquiry is not resorted to unless some serious lapses are noticed in the report submitted.
In the instant case, the Deputy Commissioner has not only failed to afford, any such opportunity to the Petitioner but has not even assigned any legally acceptable reasons for ignoring the previous report and directing another enquiry against the Petitioner in respect of the same allegations. Therefore, the order under challenge cannot be sustained.
Hence, the writ petition is allowed, The impugned order is set aside. Liberty is reserved to the Deputy Commissioner to follow the appropriate procedure, in case lie desires to re-open the matter and subject the petitions again to the ordeal of facing yet, another enquiry.
Orders shall be passed by the deputy Commissioner, expeditiously, at any rate within a period of three weeks from the date of receipt of a copy this order.