1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. W. P. No. 4122 of 2007. Dinesh Banarasilal Agrawal and 5 other Vs. The Staqte of Maharashtra and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S. A. Gordey, Advocate appears for petitioners. Shri N. S. Khubalkar, AGP for Respondent no. 1 to 4, 6, 7-A. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 3rd December, 2008. This petition filed in public interest prays for directions to the Principal Secretary, Department of Food and Civil Supplies, Government of Maharashtra to investigate the illegality, black marketing and profiteering of Kerosene distribution by Shri S. R. Modi of Gondia District, and also for enquiry against Shri Raju Sakkarwar, the then Tahasildar of Sadak Arjuni and Shri L. R. Gupta, the then Additional Collector at Gondia. The affidavits in reply have been filed from time to time, and when this petition was heard on 12-11-2008, Mr. Gordey, the Learned Counsel for the petitioner had 2 invited our attention to the directions of the State Government vide its letter dated 15-10-2007, and the letter was addressed to the Divisional Commissioner, Nagpur. We had, therefore, directed the Additional Divisional Commissioner, Nagpur, and the Divisional Commissioner, Nagpur to file the affidavit within one week along with the enquiry report, and also place before us the steps taken to implement the directions of the State Government as set out in the letter dated 15-10-2007. Shri Anand Limaye, the Divisional Commissioner, Nagpur has filed his affidavit by way of compliance of our order dated 12-11-2008, and has placed before us an elaborate report, which reveals as under:- (a) The District Supply Officer, Gondia by his order dated 27-3-2008 cancelling the Kerosene Licence and forfeiting the security deposits of Shri S. R. Modi, and M/s Agrawal Agencies. They had filed appeals against these orders, and the Dy. Commissioner (Supply) Nagpur Division, Nagpur, was pleased to dismiss the same. (b) The Collector, Gonia has taken all the steps to 3 frame a chargesheet against Shri Raju Sakkarwar and Shri V. A. Rut, Awwal Karkun in the Office of Tahasildar, Sadak Arjuni. (c) The Additional Commissioner, Nagpur Division, conducted the enquiry, and submitted a report on 27-3-2008 to the Divisional Commissioner. In the said report, it is recorded that Shri L. R. Gupta, Shri Andhare and Shri Mandhar Vaidya were found guilty, and therefore, were liable for action. On 21-11-2008, a comprehensive report has been forwarded by the Divisional Commissioner, Nagpur to the Principal Secretary, Food and Supply Ministry, Government of Maharashtra along with all the required case papers and drafts of charge-sheets to be issued against all the above mentioned five Officers, and approval is awaited. We are, therefore, satisfied that the Divisional Commissioner, Nagpur, has taken due steps to comply with the directions of the State Government in the letter dated 15-10-2007. We direct the Principal Secretary in the 4 Department of Food and Civil Supplies to take a final decision on the papers submitted by the Divisional Commissioner so as to issue charge-sheets and proceed with the departmental enqiury against the above mentioned five Officers, and as expeditiously as possible and in any case before 31st January 2009. We expect the Divisional Commissioner, Nagpur to ensure that the departmental enquiries are completed as expeditiously as possible, and the final action is taken on the basis of the enquiry reports, in any case before 31st of July 2009. We direct the Collector, Gondia to examine whether criminal complaints should be filed against Shri S. R. Modi and Partners/Proprietors of M/s Agrawal Agencies under Section 7 of the Essential Commodities Act 1955, read with Maharashtra Kerosene Dealers Licensing Order 1966, and the Kerosene (Restriction on use and fixing of ceiling price) Order 1993. The Collector will obtain the opinion of the District Government Pleader in this regard and take steps 5 as per the said advice expeditiously. We also clarify that this order will not come in the way of the Collector in initiating prosecution if permissible against any other Dealer whose license has been cancelled. We also observe that the petitioner no.2 Association is at liberty to forward the documents in its possession so as to complete the departmental enquiries to be initiated against the five Officers. Petition is disposed off in terms of the above directions. JUDGE JUDGE /Muley/