HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.31855 & 35124 of 2014 Date : 25-11-2014 W.P.No.31855 of 2014 Between :
D. Varalakshmi Devi ..
Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri V.R. Reddy Kovvuri Counsel for respondents : Assistant Government Pleader for Civil Supplies (AP) The Court made the following:
COMMON ORDER:
These two Writ Petitions are filed for setting aside proceedings in Ref.No.B/5529/2014, dated 17-10-2014 and Ref.No.B/5400/2014, dated 31-10-2014 of the Revenue Divisional Officer, Jammalamadugu Division, who is arrayed as respondent Nos.3 and 2, respectively, wherereby he has suspended the petitioners’ fair price shop authorizations.
As the impugned orders are replete with several defects, this Court has ordered notice to respondent No.3 directing him to show cause why a direction to initiate disciplinary action shall not be issued for passing the impugned orders in violation of the settled legal principles.
At the hearing, respondent No.3 is personally present and he tried to doggedly defend his action. He has informed the Court that the petitioners have committed serious irregularities warranting suspension of their authorizations. He has also stated that counter-affidavits have been filed and that the Writ Petitions require to be disposed of on merits. When this Court has pointed out various defects in his orders, respondent No.3 has taken out proceedings No.B/5529/2014 dated 10-11-2014 and B/5400/2014, dated 20-11-2014 whereby he has withdrawn the impugned proceedings.
The conduct of respondent No.3 has placed the Court, as well as the lawyers present in the Court in a sense of disbelief. For more than 20 minutes of the Court proceedings, respondent No.3 has not disclosed to the Court that he has already issued the above mentioned proceedings dated 10-11-2014 and 20-11-2014 withdrawing the impugned orders. It is only after watching the seriousness with which the Court reacted to the impugned orders, and sensing that the Court may seriously indict him, respondent No.3 has produced the orders withdrawing the impugned orders. This conduct of respondent No.3 convinces this Court that he has acted with malice towards the petitioners all through and he is not fair to the Court too. This Court finds the conduct of respondent No.3 exceptional which does not befit the office he holds. Respondent No.3 being a public servant, should not only conduct himself in a responsible manner towards the public, but also be respectful to the Courts and the judicial process. The scant regard respondent No.3 has shown to the Court by his contumacious and deceitful conduct in the open Court makes him liable for appropriate disciplinary proceedings.
The Chief Secretary of the State of Andhra Pradesh, is requested to examine the conduct of respondent No.3 as reflected in this order for initiation of appropriate disciplinary action against him.
As regards the reliefs claimed in the Writ Petitions, since respondent No.3 has produced the proceedings dated 10-11-2014 and 20-11-2014 withdrawing the impugned orders, no further adjudication of the Writ Petitions is necessary. The Writ Petitions are accordingly disposed of as infructuous.
As a sequel to the disposal of the Writ Petitions, WPMP Nos.39818 and 43936 of 2014 filed in the respective Writ Petitions are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 25-11-2014 Copy to: The Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad.
AM