THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.41180 of 2014 Dated: 31.12.2014 Between:
Smt. Krishnavenamma .. Petitioner and The State of Telangana, The Joint Collector, Mahabubnagar, and others.
.. Respondents Counsel for the petitioner: Mr. G.Rajeswar Rao.
Counsel for the respondents : GP for Civil Supplies (TS) The court made the following:
ORDER:
This writ petition is filed with the grievance that though the petitioner’s authorisation is valid till 31.03.2015, the respondents have stopped allotment of essential commodities on the ground that respondent No.1 has passed an order under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) confiscating 75% of the value of the seized stock.
In my opinion, the scope of the proceedings under Section 6-A of the Act being different and distinct from that of the disciplinary proceedings, mere initiation of or mere conclusion of proceedings under Section 6-A of the Act would not automatically lead to discontinuance of the petitioner as fair price shop dealer. It is incumbent upon the appointing authority to examine whether the nature of the allegations on which the proceedings under Section 6-A of the Act have been initiated warrants initiation of any disciplinary action. Unless such disciplinary action is initiated and the authorisation of the fair price shop dealer is suspended or cancelled, he/she shall be allowed to continue as the dealer so long as his/her authorisation continues to subsist. As the petitioner pleaded that her authorisation is valid till 31.03.2015, respondent No.3 shall resume the allotment of essential commodities to the petitioner, on being satisfied that the authorisation is valid till 31.03.2015. The petitioner shall be continued as fair price shop dealer so long as her authorisation subsists.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.51559 of 2014, filed by the petitioner for interim relief, shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 31.12.2014 v v