CUTTACK: The Orissa High Court has held that there is ‘lacunae’ in the Odisha Public Distribution System (Control) Order, 2016 as unless an authorised representative volunteers to disclose before the fair price shop (FPS) licensee regarding death of the ration card holder, it is almost ‘impossible and impracticable’ on the part of the FPS licensee to know about the death of the ration card holder and inform the authority concerned about it in time.
The single judge bench of Justice Sanjay Kumar Mishra gave the ruling on Tuesday while considering the plea of Rabindra Kumar Swain, an FPS licensee of Bagoi under Kujang block in Jagatsinghpur, challenging non-renewal of his licence on the sole ground that he had not reported about the death of certain ration card holders.
Justice Mishra said the present case is a glaring instance of fraud committed by the authorised representatives of card holders, who died long before, i.e., between 2015 and 2021.
“Admittedly, such fraud has been committed taking advantage of the lacunae in the Control Order, 2016. Hence, this court is hopeful that the state government shall do well and bring in necessary provisions in the Odisha Public Distribution System (Control) Order, 2016, by way of amendment in the ration card management system, fixing responsibility on the authorised representative of a ration card holder to inform the FPS licensee and/or the concerned officer of the state government regarding the death of the card holder,” said Justice Mishra.
“In case of failure to do so and receiving PDS commodities by suppressing such fact, penal provisions should also be inserted in the Control Order, 2016 to check this kind of fraud, often committed by the authorised representatives of the deceased ration card holders,” Justice Mishra added
Accordingly, Justice Mishra directed the sub-collector, who is the licensing authority, to renew the PDS licence of the petitioner at the earliest, preferably within a period of four weeks from the date of production of certified copy of the September 10 order.