Telangana High Court
WP/27667/2005 of Dodda Ramakrishna, Vs The Joint Collector, on 28 December 2005
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 27667 of 2005 Between: Dodda Ramakrishna ..... PETITIONER AND The Joint Collector,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAHWRIT PETITION No. 27667 of 2005
Between:
Dodda Ramakrishna
AND
The Joint Collector,Prakasam District,
Ongole and 3 others
..... PETITIONER
.....RESPONDENTS
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ORDER:
Seeking a Mandamus, declaring the proceedings in Rc.CS2/4039/2005, dated14.12.2005 issued by the 1[st] respondent, as illegal and arbitrary, the present writpetition is filed.
Heard the learned counsel for the petitioner and the learned Government Pleader forCivil Supplies.
It is stated that certain disciplinary proceedings have been initiated against thepetitioner, who is a fair price shop dealer of Chakrayapalem village, Addanki Mandalof Prakasam District, on the allegations that the petitioner has committed thefollowing irregularities:
1. That the dealer diverted a quantity of 10.15 qtls of rice intended forAAY cards to black market;AAY cards to black market;
2. That the dealer diverted a quantity of 22 Lts.of K.Oil to the blackmarket;market;
3. That the dealer has not distributing the rice to AAY cardholdersproperly;properly; A show cause notice was issued on 09.10.2004, for which an explanationwas filed by the petitioner on 16.11.2004, and thereafter the charges have beenenquired into with reference to the explanation. In so far as charges 1 and 2 areconcerned, the 2[nd] respondent held that the charges were made probably by therival groups and it seems that it is politically motivated and they were not proved. Inso far as third charge is concerned, the 2[nd] respondent held that the said charge isminor in its nature and not major or serious irregularity. But, however, the 2[nd]respondent imposed a penalty of Rs.1,500/- and restored the authorization of thepetitioner, by order dated 25.10.2005. Aggrieved by the same, respondents 3 and 4
are filed an appeal before the 1[st] respondent and the appellate authority withouthearing the petitioner, based on the dropped charges, stayed the order of the 2[nd]respondent by the impugned order dated 14.12.2005. The said order has beenquestioned in this writ petition, stating that when the charges were dropped after fullfledged enquiry, without there being any material whatsoever and when there are nograve and serious charges pending against the petitioner, granting stay of the orderof the 2[nd] respondent, cannot be just and proper.
Having regard to the facts and circumstances of the case, I am of the opinion thatwhen the petitioner succeeded before the appointing authority, without there beingany serious irregularities and diversion of stocks to the black market, granting stay ofoperation of the order of the appointing authority, without hearing the petitioner,cannot be a just and proper order. Therefore, the impugned order dated 14.12.2005,passed by the 1[st] respondent, is set aside. The 1[st] respondent-appellate authoritymay hear the main appeal and dispose of the same, in accordance with law, aftergiving a reasonable opportunity to the petitioner as well as to the respondents 3 and4.
With the above observations, the Writ Petition is allowed. No order as to costs.
Dated: 28.12.2005
Dsr
________________V.ESWARAIAH,J
Note:
Issue CC tomorrow
B/o
Dsr