Case Note & Summary
The petitioner, Ishwar S/o Vithalrao Mohite, is a Police Patil and has been running a retail kerosene shop in village Ghodki, Tq. Washi, Dist. Osmanabad since 1997. The District Supply Officer (respondent no. 3) issued a show cause notice to the petitioner relying on a Government Resolution dated 13/10/2006, calling for explanation as to why the kerosene dealership should not be cancelled because he was appointed as Police Patil. Subsequently, the respondent no. 3 cancelled the kerosene retail licence on the ground that the petitioner, being a Police Patil, is a government servant and not entitled to hold a kerosene licence. Aggrieved, the petitioner filed an appeal before the Commissioner (Supply), which was dismissed. He then filed a revision before the Hon'ble Minister, which was also dismissed. Hence, the petitioner filed the present writ petition. The main legal issue was whether a Police Patil is a government servant and whether the cancellation of his kerosene licence on that ground is valid. The petitioner's counsel argued that the Government Resolution dated 13/10/2006 was misread; it only bars government servants from holding licences, and a Police Patil is not a government servant. He contended that the post of Police Patil is honorary, receiving honorarium and not salary, and that Rule 8 of the Maharashtra Village Police Patil (Recruitment, Pay, Allowances and other conditions of service) Rules, 1968 permits a Police Patil to engage in local business in the village. The court analyzed the submissions and held that a Police Patil is not a government servant; the post is honorary and the Police Patil receives honorarium. The Government Resolution dated 13/10/2006 does not apply to Police Patils. The court also noted that Rule 8 of the 1968 Rules allows a Police Patil to engage in local business. Consequently, the court allowed the writ petition, quashed the orders of cancellation of the licence, the dismissal of the appeal, and the dismissal of the revision, and directed the respondents to restore the petitioner's kerosene retail licence.
Headnote
A) Service Law - Police Patil - Status - Police Patil is not a government servant - The court held that a Police Patil is a honorary post and receives honorarium, not salary, and is not covered under Rule 16 of the Maharashtra Civil Services (Discipline) Rules, 1979. (Paras 5-7) B) Essential Commodities - Kerosene Licence - Government Resolution dated 13/10/2006 - The Government Resolution does not bar a Police Patil from holding a kerosene licence as it only applies to government servants. (Paras 5-7) C) Village Police Patil - Local Business - Rule 8 of Maharashtra Village Police Patil (Recruitment, Pay, Allowances and other conditions of service) Rules, 1968 - A Police Patil is permitted to engage in local business in the village. (Para 6)
Issue of Consideration
Whether a Police Patil is a government servant and whether the cancellation of his kerosene retail licence on the ground that he is a government servant is valid.
Final Decision
The writ petition is allowed. The orders of cancellation of the kerosene retail licence, dismissal of appeal, and dismissal of revision are quashed and set aside. The respondents are directed to restore the petitioner's kerosene retail licence.
Law Points
- Police Patil is not a government servant
- Rule 8 of Maharashtra Village Police Patil (Recruitment
- Pay
- Allowances and other conditions of service) Rules
- 1968 permits local business
- Government Resolution dated 13/10/2006 does not bar Police Patil from holding kerosene licence
