HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4523 of 2010 DATE: 26.06.2014 Between:
S. Venkatamuni Reddy ... Petitioner And The Joint Collector, Chittoor & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4523 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.
2. The petitioner is a permanent fair price shop dealer of Sambaiahpalem village, Thottambedu Mandal, Chittoor District. While so, the Vigilance & Enforcement Officers, Tirupati, along with the Mandal Revenue Inspector, Thottambedu, inspected his shop on 05.02.2010 at about 4 p.m. and directed the petitioner to produce the records. Accordingly, he produced relevant records. The inspecting authorities, without properly verifying the stocks available in the shop, alleged that there is a shortage of 165 kgs of sugar. The petitioner submitted his explanation, but without verifying the same, conducted panchanama and a report was filed under Section 6-A of the Essential Commodities Act, 1995. The 3rd respondent issued proceedings in Roc No.D/17/2010 dated 06.02.2010 suspending the authorisation of the petitioner. Challenging the same, the present writ petition was filed.
3. Learned counsel for the petitioner submits that a reading of the impugned order would show that it is passed as a substantive punishment imposed by the 3rd respondent, who has no jurisdiction to pass such an order. Learned Assistant Government Pleader for the respondents does not dispute the contention of the petitioner.
4. In that view of the matter, the order passed by the 3rd respondent in Roc.D/17/2010 dated 06.02.2010 is set aside and liberty is given to the 2nd respondent to conduct enquiry and pass appropriate orders against the petitioner on the report of the Tahsildar, Thottambedu Mandal, if it was not already conducted, pursuant to the orders dated 26.02.2010 of this Court. It is needless to say that while conducting enquiry, the 2nd respondent shall afford due opportunity of hearing to the petitioner in person.
5. Subject to the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 26.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 4 WRIT PETITION No.4523 of 2010 Date: 26.6.2014 BSS