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Vikram Kumar Saathiri (Government Servant)     03 November 2023

Essential commodities act, 1955

Hello All,

I would like to submit that I have booked a Case under Section 6-A of the Essential Commodities Act, 1955 against a Fair Price Shop (Ration Shop) dealer, under the cover of Panchanama and filed a case in the Quasi Judicial Court.  The respondent in her statement of defence has levelled false allegations against me and the Quasi Judicial Court has passed the Judgment in the case and imposed 50% penalty on the respondent and disposed off the case.  After passing the Judgment, the Officer has sought a factual report from me, on the allegations levelled against me by the dealer.  Accordingly, i have submitted the factual report with all documentary and photographic evidences, denying all the allegations levelled against and in due course, i have stated that Judgment has been passed without cross examining me and i am not aware why the factual report has been called for after passing the Judgment and disposing the case.  After going through the factual report i was been issued a warning memo, stating that I have questioned the authority and decision making powers of the Quasi Judicial Authorities.  No action has been taken on the dealer for making allegations on me.  Can i now request the Quasi Judicial Authority to withdraw the warning memo or can i approach the hon'ble court on this.  Please clarify.

Thanking you

Vikram Kumar Saathiri



Learning

 6 Replies

P. Venu (Advocate)     04 November 2023

It appears that you are a public servant. The warning issued, in the given facts. is unfair and unjustifiable.

Vikram Kumar Saathiri (Government Servant)     04 November 2023

Thank you for the reply Sir. Yes, i am a Public Servant. 

 

T. Kalaiselvan, Advocate (Advocate)     09 November 2023

You can prefer an appeal before the appellate authority against the decision to give you warning provided the award of warning seems to be inappropriate and illegal as per rules.

If the appellate authority is not responding or not redressing your grievances you may pproach the administrative tribunal with an OA to get your grievances redressed.

1 Like

P. Venu (Advocate)     11 November 2023

A 'warning' does not amount to punishment, However, it could affect your grading in the Confidential Reports as well the prospects of promotion. You can make an appeal/representation and seek judicial review, if so necessary. 

1 Like

Vikram Kumar Saathiri (Government Servant)     14 November 2023

Sri Kalaiselvan garu and Sri P. Venu garu, thank you very much for your replies.  they are very much useful to me

T. Kalaiselvan, Advocate (Advocate)     14 November 2023

You are welcome for your appreciations

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