Research › Search › Judgment

Andhra High Court · body

2021 DIGILAW 561 (AP)

B Parvathi v. State of Andhra Pradesh

2021-08-23

M.GANGA RAO

body2021
ORDER : This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “… to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 3rd respondent in his proceedings Rc.No.2924/2020/C dated 20.03.2021 by suspending the authorization of the petitioner as fair price shop dealer of shop No.1253014 at Thurakalapatnam Village, Roddam Mandal, Anantapur District is illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and consequently set-aside the order of suspension of authorization of the petitioner and further consequently direct the respondents to continue the petitioner to hold Fair Price shop No.1253014 At Thurakalapatnam Village, Roddam Mandal, Anantapur District and pass such other order or orders …” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 3. The case of the petitioner is that she was appointed as a temporary fair price shop dealer of shop No.1253014 at Thurakalapatnam Village, Roddam Mandal, Anantapur District. Since then, she has been distributing the essential commodities to the card holders without any complaint. While things stood thus, basing on the report of the 4th respondent, the 3rd respondent issued a suspension cum show cause notice vide proceedings dated 19.12.2020 suspending the authorization of the petitioner’s fair price shop. Challenging the said proceedings the petitioner filed W.P.No.659 of 2021. This Court vide order dated 18.01.2021 allowed the Writ Petition setting aside the impugned suspension-cum-show cause notice dated 19.12.2020. The said order was implemented. Again on 20.03.2021 another suspension-cum-show cause notice was issued alleging that certain irregularities were committed by the petitioner as a fair price shop dealer and also 6-A case was booked under the Essential Commodities Act, 1955. The suspension was challenged in this Writ Petition. The said order was implemented. Again on 20.03.2021 another suspension-cum-show cause notice was issued alleging that certain irregularities were committed by the petitioner as a fair price shop dealer and also 6-A case was booked under the Essential Commodities Act, 1955. The suspension was challenged in this Writ Petition. This Court vide order dated 27.04.2021 suspended the “suspension cum show cause notice”, to the extent of order of suspension of authorization of this petitioner exercising the power under Clause 8(4) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 while allowing the 3rd respondent to proceed to take action against this petitioner as an interim measure in accordance with law on the basis of the show cause notice and the petitioner is permitted to submit her explanation treating the impugned proceedings as show cause notice. Accordingly, the petitioner submitted her explanation and she has been continuing as a fair price shop dealer. 4. Learned counsel for the petitioner submits that the variations in the stock are within the permissible limits and a 6-A case under the E.C. Act is pending before the Collector (Civil Supplies). 5. The respondents filed counter affidavit and vacate petition denying the allegations made by the petitioner and for vacating the interim order dated 27.04.2021. 6. Learned Assistant Government Pleader for Civil Supplies states that the petitioner has committed certain irregularities in distribution of the essential commodities to the card holders. Hence, the impugned suspension-cum-show cause notice is issued pending enquiry. However in pursuance of the order dated 27.04.2021 the petitioner is allowed to continue her fair price shop dealership and considering the explanation submitted by the petitioner, the final orders will be passed as per law. 7. Having regard to the facts and circumstances of the case and considering the submissions of learned counsel and perused the record, this Court found that the respondent authorities having complied the order passed by this Court in W.P.No.659 of 2021 dated 18.01.2021 and once again issued the suspension-cum-show cause notice which is contrary to law. The respondent authorities would have passed a separate order as per the provisions of Section 8(4) of A.P.S.T.P.D.S. (Control) Order and as per law laid down by this Court, the respondents are under an obligation to complete the final enquiry within a period of ninety (90) days. The respondent authorities would have passed a separate order as per the provisions of Section 8(4) of A.P.S.T.P.D.S. (Control) Order and as per law laid down by this Court, the respondents are under an obligation to complete the final enquiry within a period of ninety (90) days. The continuation of the petitioner’s fair price shop authorization under suspension for an unspecified period is illegal. 8. Accordingly, in the interests of justice, this Court felt it appropriate to dispose of the Writ Petition by directing the 3rd respondent to pass final orders conducting enquiry as contemplated under the provisions of clause 8(4) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and law laid down by this Court in the case of B.Manjula v. District Collector, Civil Supplies, Kurnool and others, 2015(4) ALT 572 , Pidikiti Sailaja v. State of A.P., 2015(2) ALT 667 and C.Durga Srinivas Rao and others vs. The State of Andhra Pradesh and others, 2015 (6) ALD 359 and pass appropriate reasoned order as per law, after giving opportunity of personal hearing to the petitioner as expeditiously as possible within a period of ninety (90) days from the date of receipt of copy of this order and communicate the same to the petitioner. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.