HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SEVENTEENTH DAY OF NOVEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WP .NO: 34676 of 2014 Between:
A. Raju Naidu, S/o Sanyasi Naidu, Fair Price Shop Dealer of Shop.No.29, T.Arjapuram, Ravikamatham Mandal, Visakhapatnam District.
AND . Petitioner
1 The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Civil Supplies Department, Secretariat Building, Hyderabad.
2 The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District.
3 The Tahasildar, Ravikamatham Mandal, Visakhapatnam District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the proceedings issued in R.C.No.427/2014/C, dated 10.11.2014 of the 2nd respondent as illegal, unjust, arbitrary and violative of principles of natural justice and contrary to the provisions of the Andhra Pradesh Public Distribution System Control Order, 2008.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of M/s. J.K. Anitha, Advocate for the Petitioner and G.P. for Civil Supplies (A.P.) for the Respondents, the Court made the following
ORDER:
The impugned order passed by respondent No.2, prima facie, shocks judicial conscience. The allegation on which the petitioner’s fair price shop authorization has been suspended is that in respect of 4 card holders, the petitioner has distributed rice with a short weighment of 1 kg as against 10 kgs. When a show cause notice was issued by respondent No.2 on 28.10.2014, the petitioner has submitted his reply denying the allegation and specifically pleaded that the rice which was delivered by him with proper weighment was carried by the card holders to their respective residences and that he is not aware as to where the rice was re-weighed and the alleged shortfall was found.
Regrettably, having received such reply, as evident from the office seal having date “10.11.2014”, respondent No.2 has suspended the petitioner’s fair price shop authorization without even referring to the said explanation.
In my prima facie opinion, respondent No.2 has blatantly abused his public office by suspending the petitioner’s fair price shop authorization on a flimsy and unfounded ground.
Contd…2/P Respondent No.2 is, therefore, directed to show cause why disciplinary proceedings shall not be directed to be initiated against him.
As the impugned order is prima facie unsustainable, the same is suspended pending further orders.
Post on 08.12.2014.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The Prl. Secretary, Civil Supplies Department, Government of Andhra Pradesh, Secretariat Building, Hyderabad.
2 The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District.
3 The Tahasildar, Ravikamatham Mandal, Visakhapatnam District.
(Addressees 1 to 3 BY RPAD)
4 One CC to M/s. J.K. Anitha, Advocate (OPUC)
5 Two CCs to the G.P. for Civil Supplies (A.P.), High Court, Hyderabad. (OUT)
6 One spare copy. nnr HIGH COURT CVNR,J DATED: 17-11-2014 NOTE: Post on 08-12-2014 ORDER W.P.NO. 34676 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 18-11-2014 CVNR,J DATED: 17-11-2014 NOTE: Post on 08-12-2014 ORDER W.P.NO. 34676 OF 2014 DIRECTION