THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38873 of 2014 Between:
Bandaru Srinivasa Rao and
DATE: 29.12.2014
…Petitioner The State of Andhra Pradesh and others …Respondents COUNSEL FOR THE PETITIONER : SRI RAJANIKANTH JWALA COUNSEL FOR THE RESPONDENTS : GP FOR CIVIL SUPPLIES (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.38873 of 2014
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.3 in accepting the petitioner’s purported resignation as fair price shop dealer, vide proceedings Rc.J/1502/2014, dated 03.11.2014.
On the direction issued by this Court, respondent No.4, who has forwarded the petitioner’s purported resignation for acceptance, has been present. She has stated that as the petitioner has submitted his resignation on the ground of ill-health, she has forwarded the same to respondent No.3.
A perusal of the impugned proceedings issued by respondent No.3 shows that he has straightaway accepted the petitioner’s resignation along with the resignations of 5 others without holding personal enquiry. Having regard to the allegation of the petitioner that he had involuntarily submitted his resignation and considering the fact that the vacancy has not been filled on permanent basis, I feel that interests of justice would be met, if the petitioner is directed to be continued as fair price shop dealer ignoring the purported resignation submitted by him.
Accordingly, the impugned proceedings to the extent of the petitioner is set aside. The respondents are directed to continue the petitioner as fair price shop dealer.
Subject to the above direction, the Writ Petition is allowed.
As a sequel to disposal of main petition, WPMP.No.48701 of 2014 filed by the petitioner for interim relief is disposed of.
29th DECEMBER, 2014.
C.V.NAGARJUNA REDDY, J
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