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High Court for State of TelanganaWP/15904/2015disposed of no costs

G.Bala Krishna, S/O. Sunkanna v. The State Of Andhra Pradesh

2015-07-01A Ramalingeswara Rao3 pages

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15904 of 2015 DATED 1st July, 2015 BETWEEN G. Bala Krishna ....Petitioner And The State of Andhra Pradesh, Rep. by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Secretariat, Hyderabad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15904 of 2015.

ORDER:

Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.

The petitioner was appointed as Fair Price Shop Dealer of Shop No. 17 of Sreerangapuram village, Veldurthy Mandal, Kurnool District in the year 2006. Thereafter the petitioner married one Rama Lakshmi in the year 2012. The wife of the petitioner was appointed as a Language Pandit in Telugu and posted at MPUP School, Siddepalli village, Atmakur Mandal, Kurnool District. While so, on the report of the third respondent, the second respondent suspended the authorization of the petitioner on the ground that the wife of the petitioner is working

as a teacher in Government institution. Challenging the said order of suspension pending enquiry dated 23.5.2015, the present Writ Petition is filed.

A reading of the impugned order dated 23.5.2015 shows that there were allegations against the petitioner stating that he is not distributing the essential commodities to the card holders and that he is not residing in the village. It is also stated that the petitioner is working as a lecturer in a private college in Pamulapadu and his wife is working as a Secondary Grade Teacher at MPUP School, Siddepally village, Atmakur Mandal, Kurnool District. So far as the issue with regard to employment of the petitioner's wife as SG Teacher is concerned, the petitioner himself admitted in the writ petition. However with regard to his employment as lecturer in private institution, nothing is stated.

Whether the card holders are facing any inconvenience in drawing essential commodities due to the employment of both the petitioner and his wife is a matter to be inquired into by the second respondent in the proposed enquiry and therefore this Court is not inclined to interfere with the order passed by the second respondent dt. 23.5.2015 at this stage. The petitioner is given fifteen days time to submit his explanation. The Second respondent is directed to complete the enquiry and pass final order within a period of three months from the date of receipt of the explanation from the petitioner by duly following the principles of natural justice. The Writ Petition is accordingly disposed of. As a sequel thereto, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.

--------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO Dated 1st July, 2015.

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