WSHGs engagement as PDS dealers not sustainable in law: Orissa High Court

CUTTACK: Odisha Government’s decision to engage women self-help groups (WSHGs) as fair price shop (FPS) dealers in place of 2,593 existing private dealers for management of public distribution system (PDS) in 25 districts has come under cloud for not following the principle of natural justice.

The Orissa High Court has ruled that the decision cannot sustain in the eye of law without giving opportunity of hearing to the existing dealers.

The ruling was given on a petition filed by an existing PDS dealer of Rajkanika block in Kendrapara district Fakir Charan Sahoo. 

On March 12, the Commissioner-cum-Secretary of Food Supplies and Consumer Welfare department had issued an order to the Collectors of 25 districts.

The order said, “It is requested to take steps for appointment of eligible WSHGs as FPS dealers in place of 2,593 private dealers for smooth management of public distribution system in the district.”

The order said the decision to replace the dealers was taken as their transaction performances during the last seven months were found to be ‘not satisfactory’.

While disposing of the petition, the Single Judge Bench of Justice BR Sarangi said, “Before removal from dealership of private FPS unit, opportunity of hearing should have been given to the petitioner by the authority, instead of passing a blanket order for removal in order to accommodate the eligible WSHGs as FPS dealer.”

“So far as continuance of the petitioner in respect of private FPS unit is dependent on the ultimate outcome of the order to be passed by the Collector, which should be in conformity with the provisions of principle of natural justice,” Justice Sarangi specified in his order on May 6.

“Needless to mention that the decision will be taken by Kendrapara Collector within a period of six weeks from the date of lifting of the lockdown”, Justice Sarangi added.

New dress code for advocates

In wake of the ongoing Covid-19 pandemic, the Orissa High Court on Thursday advised advocates to wear plain white shirt / white salwar-kameez /white saree with a plain-white neckband during the hearings through virtual court system.

The Registrar General said advocates while appearing through video conferencing need not wear black coat and gown as a precautionary measure.