C. Kumar Reddy, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO W.P.No.13713 of 2015

ORDER

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

2. As per the affidavit filed by the petitioner, he was appointed as fair price shop dealer of Shop No.31 of Uggireddipalli H/o.Allapalli, O.D.Cheruvu Mandal, Anantapur District, in the year 2011. While so, the 3rd respondent inspected the shop of the petitioner on 13.03.2015 and submitted his report to the 2nd respondent. The 2nd respondent issued a show cause notice on 08.04.2015 framing six charges against the petitioner. Challenging the same, the present writ petition is filed.

3. Learned counsel for the petitioner submitted that in the absence of indication of any period and inclusion of the charges in the impugned order, it should be assumed that the order of suspension is of substantive in nature.

4. A reading of the impugned order shows that the petitioner is given time for submission of his explanation and also indicates that on failure to submit his explanation, further action will be initiated. That itself indicates that the suspension is not of substantive in nature, but only pending enquiry.

4. In the circumstances, this Writ Petition is disposed of, giving liberty to the petitioner to submit his explanation within a period of 15 days from the date of receipt of a copy of this order and upon receipt of such an explanation, the 2nd respondent shall conduct appropriate enquiry after giving due opportunity to the

petitioner and pass a final order in accordance with law, within a period of 30 days thereafter.

5. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________ A. RAMALINGESWAR RAO, J 1st June, 2015 sj