Pydi Sanyasi Rao v. The State Of Andhra Pradesh Rep, By Its Principal Secretary

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.23731 OF 2017 ORDER:

Heard learned counsel for petitioner and learned Government Pleader for respondents.

The petitioner states that he was appointed as fair price shop dealer of shop No.42 of Singuru Village, Pondur Mandal, Srikakulam District in the year 2009. While so, the Inspector of Vigilance and Enforcement Department along with MRI-II, Ponduru, inspected the shop on 02.06.2017 and seized the available stock and handed over the same to MRI of Tahsildar's Office, Ponduru, for safe custody. The Tahsildar, Ponduru submitted a report on 04.06.2017 to the Joint Collector, Srikakulam and requested him to take action under Section 6-A of the Essential Commodities Act. The proceedings under Section 6-A of the Act are pending before the second respondent. However, basing on the report of the Tahsildar, dated 04.06.2017, the third respondent while issuing show cause notice, dated 21.06.2017, to the petitioner suspended the authorisation of the petitioner for running fair price shop, pending enquiry. The petitioner submitted his explanation and the enquiry is pending before the third respondent. The charges levelled against the petitioner are as follows.

Charge 1. That being a responsible F.P.Shop dealer is diverting essential commodities to open market and thus is doing clandestine business. On physical verification of stocks w.r.t. stock register and ground balance, it was found there are shortage of PDS rice (-) 2.41 Qtls, RG.Dal (-) 2.5 Kgs and Sugar (-) 7.5 Kgs. Charge 2. That being a responsible F.P.Shop dealer, he is not maintaining records properly.

Though the second charge is not serious, the first charge requires enquiry. In view of the same, this Court is not inclined to interfere with the

enquiry, but directs the second respondent to pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 01.08.2017 pln