Telangana High Court

WP/27667/2005 of Dodda Ramakrishna, Vs The Joint Collector, on 28 December 2005

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead