The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36705 of 2014 Dated 01.12.2014 Between:
Pallempati Vijaya Lakshmi …Petitioner And The State of Andhra Pradesh rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.K.Joseph Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in not completing the enquiry and passing a final order despite lapse of substantial time after passing of the order suspending the petitioner’s authorization relating to fair price shop No.123 of Guntur City, as illegal and arbitrary.
I have heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents.
A perusal of the record shows that as far back as 19.05.2014, respondent No.2 has passed the order of suspension on the main allegation that substantial variations in the essential commodities such as Rice, Sugar, R.G.Dall and Palmolin oil were found.
As the impugned order was passed pending enquiry, I refrain from expressing any opinion on its legality or otherwise. However, I find no justification for respondent No.2 to keep the enquiry pending, without passing a final order, despite lapse of more than six months from the date of its initiation. Therefore, respondent No.2 is directed to complete the enquiry, in which he shall give the petitioner an opportunity of personal hearing to put forth his case. Respondent No.2 shall examine all the registers in detail and furnish a copy of the alleged report, dated 19-05-2014, of Civil Supplies Deputy Tahsildar, Guntur, to the petitioner. Respondent No.2 shall also permit the petitioner to make his submission in the enquiry. After perusing the registers and considering the petitioner’s explanation and statement, if any given by him during the enquiry, respondent No.2 shall take an objective view and pass a speaking order within two months from the date of receipt of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.45933 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 1st December, 2014
LUR