D. Eswaraiah, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.30588 of 2015 ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Civil Supplies for respondents.

2. The petitioner is a permanent fair price shop dealer of shop No.4 of Peddavelagatur Village, Pedda Panjani Mandal, Chittoor District. The shop of the petitioner was inspected by the fourth respondent on 28.08.2015 and seized some quantity of kerosene oil, rice and sugar and 6-A proceedings were initiated against the petitioner and they are pending. Based on the report of the fourth respondent dated 28.08.2015, the third respondent suspended the dealership of the petitioner, by his order dated 04.09.2015.

3.

A perusal of the impugned order of suspension shows that the charges relate to running of the shop by a benami person, variation in quantities of kerosene oil, PDS rice and sugar, forcing the cardholders to purchase other items, unsigned entries in the sales register, nonmaintaining of the stock register and selling the commodities at higher prices. The nature of charges leveled against the petitioner requires enquiry by the third respondent. Hence, this Court is not inclined to interfere with the process of enquiry at this stage.

4. In the circumstances, this writ petition is disposed of directing the third respondent to issue a show cause notice inviting explanation from the petitioner, and after receipt of explanation, if not satisfied, conduct an enquiry in respect of the allegations leveled against the petitioner, by giving due opportunity to him, and complete the same within a period of three months from the date of receipt of a copy of this order. No order as to costs. Miscellaneous Petitions, if any pending, shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J Date: 21.09.2015 TJMR