Court No. - 5
Case :- WRIT - C No. - 20361 of 2019
Petitioner :- Om Prakash
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subhash Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Subhash Chandra Tiwari, learned counsel for the petitioners and Sri the learned counsel for the respondents.
On 18.06.2019, this Court passed the following order:-
"The petitioner is a farmer. He has made very serious allegation of corruption against the State- authorities in purchase of wheat. It has been alleged that at purchase Center Rs.40/- per quiental is being demanded from the farmers by the Officers and Employees. A representation dated 7.6.2019 was submitted before the District Magistrate, Kanpur Nagar that the Employees at the purchase Center Vehata, Gambhirpur are demanding Rs.40/- per quiental and in the event of non payment the wheat brought by farmers is not unloaded and weighed.
Learned counsel for the petitioner submits that despite his representation no action has been taken by the respondent no.2 - District Magistrate.
Considering the facts and circumstances of the case, we direct the respondent no.2 to enquire into the matter and file an affidavit within two days failing which he shall remain personally present before this Court. The affidavit may be filed by the District Magistrate or by an Officer authorised by him.
Put up as a fresh case on 21.6.2019.
A copy of this order shall be given today free of cost to the learned Chief Standing Counsel for communication and for compliance to the District Magistrate, Kanpur Nagar."
Today a personal affidavit on behalf of the respondent no.2 District Magistrate, Kanpur Nagar has been filed today which is taken on record.
In paragraphs 4, 5, 8, 9, 10, 11 of the affidavit of Sri Santosh Kumar Yadav, District Food Marketing Officer, Kanpur Nagar, it has been stated as under :
"4. That a report was sought from Sub Divisional Magistrate, Narwal and a report dated 19.06.2019 submitted by the Sub Divisional Magistrate, Narwal informing that after recording statement of complainant and taking into account report of Marketing Inspector, Sudhir Kumar as well as interacting with present villagers it came into knowledge that Chakrapal Singh is private person working at wheat purchase Center with consent of Marketing Inspector looking after entire working of the purchase Cener, he demands Rs.40/- per quiental for unloading, weighing and for sewing the sacks which is also verified by present villagers but they denied to record their statement. The marketing Inspector Rajesh Kumar also had the knowledge of the alleged demand of Rs.40/- per quiental and it was demanded with his consent.
5. That report dated 19.06.2019 further mentioned that the petitioner's tractor trollies full of wheat kept standing from 07.06.2019 to 18.06.2019 at Luxman Khera community wheat purchase Center but marketing Inspector Sudhir Kumar who was in charge of said purchased Center from 06.06.2019 did not resolved the matter in-spite of having knowledge of this issue and also allowed Chakarpal Singh private person to work at the purchase Center as he used to work previously. A true copy of the report dated 19.06.2019 submitted by Sub Divisional Magistrate, (Narwal) Kanpur Nagar is being filed here with marked as Annexure no.2 to this personal affidavit.
8. That an first information report dated 19.06.2019 is lodged against Chakrapal Singh under- section 420 IPC for demanding Rs.40/- per quiental additional amount. A True copy of the first Information report dated 19.06.2019 is being filed here with marked as Annexure no.3 to this personal affidavit.
9. That the Center In-charge found responsible for the alleged corruption as per Rules, more over as on petitioner's statement, it is clear inspite of complaint done to Center In-charge Rajesh Kumar on 07.06.2019 by the petitioner he did not resolved and took no action against labour mate Chakrapal Singh.
10. That Center In-charge Rajesh Kumar Singh (Marketing Inspector), Marketing Center is suspended and disciplinary enquiry is instituted against him in one other matter, and for negligence, dereliction in duty and undue diligence found on his part in this matter, a report vide letter no.244 dated 19.06.2019 is sent to the competent authority Commissioner, Food and Civil Supplies, U.P. for submitting additional charge sheet in this matter. A true copy of the letters No.244 dated 19.06.2019 filed herewith marked as Annexure no.4 to this personal affidavit.
11. That in view of report submitted by Sub Divisional Magistrate Narwal negligence, dereliction of duty is found on the part of purchase center In charge Sudhir Kumar also in as much as from 08.06.2019 till 18.06.2019 he did no efforts for weighing and purchase of the wheat brought by the petitioner so institution of disciplinary enquiry is recommended against him to the competent authority, Commissioner, Food and Civil Supplies, U.P. Lucknow. A true copy of the report dated 19.06.2019 is being filed herewith marked as Annexure No.5 to this personal affidavit."
A farmer's life is a tale of continuous experimentation and struggle for existence. Mere words or a visual can never convey what it means to live a life as an Indian farmer. Unless one experiences their struggle, that headache he will never know how it feels. The risks faced by the farming community are many; they relate to natural calamities such as drought and floods; high fluctuation in the prices of input as well as output, over which he has no control whatsoever; a credit system which never extends a helping hand to the neediest; domination by middlemen who enjoy the fruits of a farmer's hard work; spurious inputs, and the recent phenomenon of labour shortages, which can be conveniently added to his tale of woes. Of late, there have been many cases of desperate farmers ending their lives in different parts of the country. The Principles of Economics provides for the producer of a commodity to determine his prices but an Indian farmer perhaps is the only exception to this principle of economics, for even getting a decent price for their produce is difficult for them.
Even today, when the State Government comes out with the scheme to benefit farmers, Officers & Employees of the State Government, as also happened in the present case, attempt to take away the benefits of the farmers until the farmers are compelled to grease their palm. Therefore, the situation has came to light in the present case, requires strict action by the State Government which will send a message to the Officers and Employees of the State Government.
Thus, prima facie it appears to us that corrupt practice is prevailing at wheat purchase Centers which have been established for the benefit of poor farmers, the Officers and employees or other persons posted at such purchase Centers are extorting money illegally from poor farmers.
Since learned counsel for the petitioners submits that the mal practices as came to light in the present case, is prevailing in various wheat purchase Centers, therefore, in the interest of justice, we direct the State Government to direct the authorities concerned to take appropriate action and ensure that wheat at purchase Centers are weighed and unloaded expeditiously without demand of any illegal gratification.
The State Government while issuing a direction, shall also consider to fix responsibility of Officers in the event any such complaint is found at any wheat purchase Centers.
With the aforesaid directions, the present writ petition is disposed of.
The copy of this order shall be sent by the Registrar General of this Court to the Principal Secretary, Food and Civil Supply, Government of U.P., Lucknow, for immediate action and compliance.
Order Date :- 21.6.2019/vkg