CWP No.19337 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19337 of 2009 Date of Decision: 13.12.2010 **** M/s Naveen Rice and General Mills . . . . Petitioner VS. State of Punjab & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Pawan Kumar, Sr. Advocate with Mr. Saqib Ali Khan, Advocate for the petitioner Mr. K.D.S. Sidhu, DAG Punjab Mr. OP Goyal, Senior Advocate with Ms. Shilpa Sahi, Advocate Mr. HP Verma, Advocate for respondents No.2&4 Mr. BS Sewak, Advocate for CBI ***** SURYA KANT J. (ORAL) (1). The petitioner is a rice-mills which has been black -listed by the Food Corporation of India vide the impugned memo dated 7/8.9.2009 (Annexure P1) purportedly on the recommendations made by the Central Bureau of Investigation (CBI). CWP No.19337 of 2009.doc - 2 – (2). While impugning its blacklisting, one of the contention raised on behalf of the petitioner is that the CBI did not include its name amongst those rice mills to be prosecuted and/or blacklisted. (3). Consequently, the FCI was directed to produce the original records to show the specific decision, if any, taken by it for the black-listing of the petitioner and/or other similarly-placed Rice Mills. (4). The records have been produced and perused. (5). The Chairman-cum-Managing Director of the FCI has taken a conscious decision to blacklist all those Rice Mills, which were found guilty of supplying milled rice beyond PFA or BLR by the CBI. (6). While assailing the order of blacklisting, the petitioner -Rice Mill has highlighted the circumstances like:- a. The alleged loss suffered by the FCI has been made good and the due amount has been deposited; b. The petitioner-rice mill’s name is not amongst those to be prosecuted by CBI and/or ordered to be black-listed; CWP No.19337 of 2009.doc - 3 – c. The other rice mills BLR, who were found guilty of supplying rice of BLR category and who have later on replaced the said rice, have been allocated paddy for milling purposes; d. The CBI in its reply-affidavit has also come up with a stand that the petitioner-Mill could not be prosecuted for black- listing as PFA’s stock supplied by it were found to be in mixed stock supplied by more than one miller. (7). In my considered view, since the CMD, FCI has taken a categoric decision for black-listing various rice mills falling in different categories depending upon the nature of alleged misdemeanour attributed to them, the mitigating circumstances highlighted by the petitioner-mills need to be objectively considered by the said Authority only. (8). The writ petition is accordingly disposed of with liberty to the petitioner-Mills to submit a self- speaking representation along with the supporting material/documents within a period of two weeks from the date of receipt of a certified copy of this order and on receipt thereof, the Chairman-cum- Managing Director, FCI is directed to consider and dispose of the petitioner’s claim in the light of the contentions noticed above, within a period of one month thereafter. CWP No.19337 of 2009.doc - 4 – (9). Ordered accordingly. Dasti. 13.12.2010 vishal shonkar (SURYA KANT) JUDGE