HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1279 of 2014 DATE: 14.10.2014 Between:
V. Sudhakar … Appellant And The District Collector, Ananthapur, Ananthapur District & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1279 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order of the learned Single Judge dated 15.09.2011, whereby His Lordship was pleased to dismiss the challenge made by the writ petitioner-appellant to the order of removal of fair price shop dealership. His Lordship, while dismissing the writ petition on merit, came to the fact findings, which cannot be disputed, which are as follows:
The writ petitioner–appellant then fair price shop dealer was served with a show cause notice framing four several charges of misconduct and the same was replied by him denying the charges. Hence, enquiry was conducted and it was found that all the charges were proved and the writ petitioner-appellant was found guilty of the same. The appellant preferred departmental appeal unsuccessful, as the appellate authority confirmed the order of removal. The revisional authority also accepted the order of removal. Thereafter, the writ petition was filed. Even His Lordship took the trouble of examining the charges and evidence in support thereof in the context of the allegations made in the writ petition and came to the fact findings, which are as follows:
“I have perused the charges levelled against the petitioner, the explanation filed by the petitioner and also the findings recorded by the Revenue Divisional Officer in the order, dated 23.12.2006. Charge Nos.1 and 2 are based on the report of the Mandal Revenue Officer, and with reference to charge No.3, there is an allegation that the petitioner has not handed over the coupons to show that he has distributed 207 quintals of rice which was supplied under Food for Work Scheme. Only a quantity of 5.50 quintals of rice was physically found in the fair price shop when the inspection was made. Thereby, it is alleged that the petitioner has diverted the said rice to black market for his pecuniary gains. Though the petitioner has filed explanation to the said charge, he has neither produced the coupons showing the distribution of such rice nor any other material accounting for the said 202 quintals of rice, which was supplied under Food for Work Scheme. On failing to produce any material namely coupons or the accounts with regard to the said 202 quintals of Food for Work rice, the primary authority has rightly held that the said charges framed against the petitioner are proved.
With regard to charge No.4 also, the petitioner has not maintained stock register and acquaintance register and he has also not produced any material accounting for the said 202 quintals of rice meant for Food for Work, as such, the primary authority has rightly held that the said charge is proved, which was confirmed by both the appellate and revisional authorities.
In the writ petition as we have noticed that there is no allegation of perversity nor the aforesaid fact findings are alleged to be absurd. In the appeal it is not argued that the findings of the learned Single Judge are perverse or absurd. In these circumstances, we think that in exercise of our appellate writ jurisdiction we are not inclined to admit the appeal.
The appeal is accordingly dismissed. However, dismissal of appeal will not debar the appellant from making an application afresh for appointment of dealership for the fair price shop in question if the same has not been made by this time. The application so to be made, if warranted will be entertained by the department in accordance with law.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 14.10.2014 ES