WP/28928/2009 of D.Venkat Ramulu Vs The Joint Collector on 31 December 2009

ORDER:

The petitioner is kerosene dealer and on the ground that he hascommitted certain irregularities, an enquiry under Section 6-A of theEssential Commodities Act, 1955, was initiated and the stock wasseized.

The disciplinary authority - Joint Collector, first respondent herein, aftercompletion of the enquiry, found certain irregularities and accordingly,ordered for confiscation of the seized stock and also imposed a fine ofRs.25,000/-, vide order dated 22.01.2005. It is stated that during the 6-Aenquiry proceedings, stocks were sold and sale proceeds weredeposited. Aggrieved by the order of the disciplinary authority, thepetitioner approached the appellate authority - District and SessionsJudge, Mahabubnagar, by filing an appeal. The appellate authority,while setting aside the order of the disciplinary authority, ordered forrefund of the value of seized stock after expiry of appeal time, videjudgment dated 21.09.2006 in Crl.A.No.47 of 2005.

The grievance of the petitioner is that though the appellateauthority ordered for refund of the value of the seized stock, it is notbeing implemented and therefore, he filed the present writ petition.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader appearing for the respondents.

From a perusal of the judgment of the appellate authority, it is seen that the refund of the value of seized stock was ordered. When once theappellate authority ordered for refund, the disciplinary authority ought tohave refunded the same including the fine amount, if paid.

In the circumstances, the Writ Petition is allowed at the stage ofadmission directing the first respondent to refund the value of the seizedstock and the fine amount of Rs.25,000/- (Rupees twenty five thousandonly), if paid, with interest, if any, at the earliest. No costs.

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(GOPALA KRISHNA TAMADA, J)

31[st ]December, 2009GHN