WRIT PETITION 12825 of 2019 on 8 November 2014

O R D E R:-

This writ petition is filed questioning the action of the 4[th] respondent – Revenue Divisional Officer in continuing the petitioner under suspension vide proceedings dated 08.11.2014 without completing final enquiry.

The case of the petitioner is that he was appointed as fair price shop dealer for Shop No.13 situated in Gudiwada Town, Krishna District. While so, on 08.11.2014, the 4[th] respondent, based on the report dated 27.10.2014 of the 5[th] respondent-Tahsildar, suspended authorization of the petitioner pending enquiry. One of the allegations in the impugned order is that the petitioner, conniving with other people, seeded Aadhaar numbers of other persons to divert the essential commodities. The allegations made against him are false and vague, and though the suspension order was issued in the year 2014, enquiry is not yet completed, which amounts to punishing the petitioner without proving the guilt. Hence, the writ petition.

As seen from the impugned order, alleging that the petitioner contravened Clause 12 and Conditions 4 and 5 of Annexure-1 of A.P. State Public Distribution System (Control) Order, 2008, as such, the authorization of the petitioner was suspended pending enquiry. The writ petition was filed on 29.08.2019 stating that enquiry is not yet completed and that the said suspension amounts to imposing punishment without enquiry.

2KVL,J

This Court, by order dated 04.09.2019, while ordering notice, directed the respondents to continue the petitioner as fair price shop dealer till passing of the final orders in the enquiry.

The learned Government Pleader for Civil Supplies, on instructions, submits that the enquiry is not yet completed.

In view of the facts and circumstances of the case, as there is an interim direction to the respondents to continue the petitioner as fair price shop dealer till passing of the final orders, the respondents are directed to supply essential commodities to the petitioner till final orders are passed pursuant to the suspension order dated 08.11.2014. The petitioner is also directed to co-operate with the enquiry and shall not seek unnecessary adjournments in the matter.

With the above observations, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

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KONGARA VIJAYA LAKSHMI, J

11.02.2021

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