Case Note & Summary
The petitioner, Dattatraya Marotrao Sakhare, was the original complainant who, along with other card holders from village Konatha, filed a complaint on 11.11.2010 before the Tahsildar, Wasmat (respondent No.4) alleging malpractices by respondent No.5, Pandit Kisanrao Bende, in the distribution of essential commodities through a fair price shop. The Tahsildar addressed a communication to the District Supply Officer on 8.12.2010, noting that a paper publication was given and a local enquiry was held. Subsequently, the Minister, Food and Civil Supply Department, Maharashtra State, passed an order dated 20.7.2012 in Revision Application No. 251-2012/NP-21, which was challenged by the petitioner. The High Court observed that the Minister's order was passed without hearing the petitioner, who was the original complainant and a necessary party. The court held that the order was in gross violation of the principles of natural justice, specifically the rule of audi alteram partem. Consequently, the court quashed and set aside the Minister's order and remanded the matter back to the Minister for fresh hearing, directing that all parties, including the petitioner, be given an opportunity of being heard. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Maharashtra Essential Commodities Act - Revision - The Minister passed an order in revision without hearing the original complainant, who was a party to the proceedings. The High Court held that the order was passed in gross violation of principles of natural justice and set it aside, remanding the matter for fresh hearing after giving opportunity to all parties. (Paras 5-6)
Issue of Consideration
Whether the Minister's order in revision, passed without hearing the original complainant, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 20.7.2012 passed by the Minister, Food, Civil Supply and Consumer Protection, Maharashtra State, Mumbai in Revision Application No. 251-2012/NP-21 is quashed and set aside. The matter is remanded back to the Minister for fresh hearing, after giving opportunity of being heard to all the parties including the petitioner. Rule made absolute accordingly. No order as to costs.
Law Points
- Natural Justice
- Audi Alteram Partem
- Revision Proceedings
- Fair Price Shop
- Malpractice
- Essential Commodities
