Tigiripalli Nirmala Kumari v. State of Andhra Pradesh, rep. by its Principal Secretary (Food, Civil Supplies & Consumer Affairs (CS. I) Department
2012-03-16
NOOTY RAMAMOHANA RAO
body2012
DigiLaw.ai
Judgment : This Writ Petition is preferred by a fair price shop dealer of Tirugudumetta Village, Tallapudi Mandal, West Godavari District, challenging the proceedings, dated 23.02.2012 of the Revenue Divisional Officer, Kovvur, who suspended the authorization of the writ petitioner, based upon a report submitted by the Tahsildar, Tallapudi on 21.02.2012 indicating that 180 liters of kerosene oil is suspected to have been diverted by the writ petitioner into open/black market and the alert villagers have lodged a complaint when the diverted stock is being transported by an auto. Clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 enables the appointing authority of a fair price shop dealer to suspend the authorization of a fair price shop dealer pending enquiry as well. When serious and grave allegations are levelled against a fair price shop dealer, invocation of such a power cannot be faulted at all. Only for trivial or insignificant matters, if the power is invoked, one may perhaps seek to describe such exercise as arbitrary or whimsical exercise of power. In the instant case, the allegation is pretty grave. It can be true, it may not be true. It has to be established only in the enquiry. The writ petitioner will be provided with an appropriate opportunity to establish his defence. When such grave allegations are levelled, particularly involving a heavily subsidized essential commodity, the Courts should take such allegations with necessary seriousness and should refrain from interfering with the interim measure adopted by the appointing authority which would go a long way to sub-serve the larger public interest. Therefore, this Writ Petition is dismissed at the admission stage. No costs. It is not merely enough for the vigilant citizens or cardholders to lodge a complaint against the fair price shop dealers. It is also required of them to participate in the enquiry that would be initiated into such allegations. The appointing authority should also produce the necessary evidence gathered against the fair price shop dealer. The appointing authority should also provide a fair and reasonable opportunity for the defaulting fair price shop dealer to lead such evidence as is considered necessary and proper by him in his defence. It is also appropriate that necessary reasons are assigned for the conclusions drawn in the matter with reference to the material so gathered.
The appointing authority should also provide a fair and reasonable opportunity for the defaulting fair price shop dealer to lead such evidence as is considered necessary and proper by him in his defence. It is also appropriate that necessary reasons are assigned for the conclusions drawn in the matter with reference to the material so gathered. Let this exercise be completed as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Consequently, the miscellaneous applications, if any shall stand dismissed.