THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition Nos.36998, 37024, 37030 & 37006 of 2014 Between:
Dated 08th December, 2014 Sarojini Self Help Group And …Petitioner
(W.P.No.36998 of 2014)
The State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, A.P.Secretariat, Secretariat Buildings, Hyderabad and others …Respondents
(W.P.No.36998 of 2014)
Counsel for the petitioner: Sri E.Maruthi Raja Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
COMMON ORDER:
These four writ petitions have been filed by the fair price shop dealers of Dommaranandyala Village, Mylavaram Mandal, Kadapa District, wherein they have questioned the proceedings of respondent No.3 accepting their purported resignations as fair price shop dealers. They have pleaded in the writ petitions that the local leaders belonging to the ruling political party have engineered their resignations even though they have not resigned and that without any enquiry, respondent No.3 has accepted the same.
On 03.12.2014, as this Court has entertained a serious suspicion on the bona fides of respondent No.3 in straightaway accepting the resignations of all the four fair price shop dealers of Dommaranandyala Village, the said respondent was directed to be personally present along with the relevant record and explain his conduct in accepting the purported resignations.
Today, Sri K.Vinayakam, the incumbent of respondent No.3, is personally present. He has placed before the Court separate but similar proceedings, dated 05.12.2014, wherein he has restored the petitioners’ authorisations.
Ordinarily, this Court would have closed the writ petitions in view of the above-mentioned proceedings of respondent No.3 restoring the petitioners’ authorisations. However, this Court will suffer a qualm of conscience if it does not place on record the conduct of respondent No.3. In W.P.Nos.31855 and 35124 of 2014, respondent No.3 has come to the adverse notice of this Court. His conduct in the Court was specifically adverted to in the order passed in the said writ petitions and the Registry was directed to place the order in the said writ petitions before the Chief Secretary of the State of Andhra Pradesh to consider initiation of disciplinary proceedings against him.
A perusal of the record produced by respondent No.3 in these cases has re-confirmed this Court’s assessment of the conduct of respondent No.3. The record produced by respondent No.3 shows that the three undated resignation letters were endorsed by the Tahsildar concerned on the same date on which the resignations were submitted i.e., 06.10.2014 and one letter was endorsed by him on 27.09.2014. It is evident from the three purported letters of Smt.S.Venkata Anjanamma, group leader of the petitioner in W.P.No.37024 of 2014; Smt.Palla Swarna Latha, petitioner in W.P.No.37030 of 2014 and Smt.Tholamadugu Rajiya Bee, group leader of the petitioner in W.P.No.37006 of 2014, that they have been written in the same hand writing with identical contents. As could be seen from the pattern of writing, the person who has prepared the letters is different from the persons who have signed the letters. The contents of all the three letters are to the effect that they have been functioning as permanent dealers, that they have been selling the essential commodities within the time stipulated by the Government and that as presently, their health is not permitting, they have been tendering their resignations.
As regards the letter stated to have been addressed by Smt.U.Ramasubbamma, group leader of the petitioner in W.P.No.36998 of 2014, the same was endorsed by the Tahsildar on 27.09.2014. The contents of the said letter were also written by a person other than the person who has signed. The purport of the said letter is also similar to that of the three other letters. The only addition being she is unable to write the records properly.
If these letters are considered by any person of ordinary prudence, he is bound to entertain a serious doubt as to their genuineness, for more reasons than one, namely, (1) that all the four fair price shop dealers of Dommaranandyala Village became unwell preventing them from discharging their functions as fair price shop dealers; (2) that out of the four dealers, three have submitted their resignations on the same day and (3) that all the three resignations are drafted by the same person in the same handwriting.
Respondent No.3 has issued proceedings on 06.10.2014 accepting all the four resignations without even notice to the petitioners and holding an enquiry. Even from the perusal of the signatures on the letters in comparison with the signatures in the affidavits filed in support of these writ petitions, this Court has a serious doubt as to whether these signatures belong to the petitioners at all. This Court is thoroughly unhappy with the conduct of respondent No.3 in straightaway accepting the resignations despite the existence of highly suspicious circumstances as referred to above. The conduct of respondent No.3 created a reasonable presumption that by accepting the resignations without any enquiry, respondent No.3 has acted with oblique motive and for extraneous reasons. The Chief Secretary is requested to examine the consistently doubtful conduct of respondent No.3 and consider initiation of appropriate action against him after notice to him.
As respondent No.3 has restored the authorisations of the petitioners, no direction in this regard need be issued.
Subject to the above observations, the writ petitions are closed.
As a sequel to disposal of the writ petitions, the pending interlocutory applications shall stand disposed of as infructuous.
08th December, 2014 C.V.NAGARJUNA REDDY, J Note: Registry shall communicate this order to the Chief Secretary.
(b/o) VGB