The court rejects Smt. Shahin Begum's plea, citing lack of satisfactory explanation for Aadhaar manipulation in ration distribution.
In a significant judgment, the Allahabad High Court, presided over by Justice Arun Kumar, has upheld the cancellation of Smt. Shahin Begum's fair price shop dealership. The decision came after allegations of manipulation in the Electronic Point of Sale (E-PoS) device, which reportedly involved the use of three Aadhaar cards to withdraw rations for 697 cardholders, surfaced against her.
Smt. Shahin Begum, along with nine others, had filed a writ petition challenging the cancellation order dated January 10, 2019, and the subsequent dismissal of her appeal on September 2, 2019. The petitioner contended that the allegations were based on a technical glitch and that no proper enquiry was conducted. However, the court found that the petitioner failed to provide a satisfactory explanation for the misuse of Aadhaar cards.
The case stemmed from a communication by the Food Commissioner, U.P., which highlighted anomalies in the distribution of essential commodities. An ex-parte enquiry and FIR under the Information Technology Act, 2000, and the Essential Commodities Act, 1955, were lodged against the petitioner, leading to the suspension and eventual cancellation of her dealership.
The court noted that principles of natural justice were upheld, as the cancellation predated a government order mandating preliminary enquiries. Furthermore, the absence of a technical analysis report was deemed non-fatal, given the evident manipulation. The court also distinguished this case from others, where preliminary enquiries were mandatory due to subsequent government orders.
The judgment emphasized that the manipulation was evident from the circumstances, particularly the use of a dynamic mode in the E-PoS system, allowing data feeding and editing during the day. The court dismissed the writ petition, underscoring the lack of evidence or specific allegations against state officials.
Bottom Line:
Fair price shop dealership - Cancellation of dealership based on alleged manipulation of E-PoS device and black marketing - Use of three Aadhaar cards for withdrawing rations for 697 cardholders not satisfactorily explained - Principles of natural justice and technical analysis report discussed.
Statutory provision(s): Essential Commodities Act, 1955, U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, Information Technology Act, 2000, Government Order dated 05.08.2019.
Smt. Shahin Begum v. State of U.P., (Allahabad) : Law Finder Doc Id # 2811716
