The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36834 of 2014 Dated 02.12.2014 Between:
Tangudu Venkata Ramana …Petitioner And The State of Andhra Pradesh, rep. by its Prl.Secretary, Civil Supplies Dept.,Hyderabad and 3 others …Respondents Counsel for the petitioner: Mr.G.Tuhin Kumar Counsel for respondent Nos.1 to 3: AGP for Civil Supplies (AP) Counsel for respondent No.4: ---
The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the order in Rc.No.117/2014, dated 13-11- 2014, passed by respondent No.3, whereby he has authorized respondent No.4 to distribute the essential commodities attached to the petitioner’s fair price shop.
A perusal of the impugned order shows that it is stated in the “subject” that as a case under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), has been registered against the petitioner’s fair price shop., the dealer of Kothavalasa fair price shop is kept as its incharge.
After hearing the learned Counsel for both the parties, I am of the opinion that the impugned order cannot be sustained for more than one reason viz., (1) that the scope of the proceedings under Section 6-A of the Act is different from that of a disciplinary proceeding. Mere pendency of a proceeding under Section 6-A of the Act would not automatically disqualify the petitioner from continuing as fair price shop dealer unless the appointing authority or the disciplinary authority passes an appropriate order; and (2) Respondent No.3, being a disciplinary authority, cannot make an incharge arrangement unless the petitioner’s authorization is suspended or cancelled. For both these reasons, the impugned order in Rc.No.117/2014, dated 13-11-2014, of respondent No.3, cannot be sustained and the same is, accordingly, set aside. Respondent Nos.2 and 3 are directed to continue the petitioner as the fair price shop dealer so long as his authorization remains in force.
The Writ Petition is, accordingly, allowed.
As a sequel, WPMP.No.46098 of 2014, filed by the petitioner for interim relief, is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 2st December, 2014
LUR