High Court for State of TelanganaWP/33617/2015disposed of no costs

K.Anand v. State Of Telangana,

2015-10-14A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.33617 of 2015 Between:

K.Anand ....Petitioner and The State of Telangana, Rep.by its Ex-Officio Secretary to Govt., Consumer Affairs, Food and Civil Supplies (CS.1) Department, Secretariat, Hyderabad, And others.

....Respondents JUDGMENT PRONOUNCED ON : 14.10.2015 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO :

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be : No

Marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to : No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33617 of 2015 ORDER:

The petitioner was appointed as a fair price shop dealer of Shop No.317, CircleIII, Jiyaguda, Hyderabad. The shop of the petitioner was inspected on 15.09.2015 and some variation in the stock was noticed. In respect of the same, 6A proceedings were initiated and they are pending. On the ground that 6A proceedings are pending, the authorisation of the petitioner was suspended by the second respondent by proceedings dated 22.09.2015. Challenging the same, the present Writ Petition is filed.

The second respondent did not issue any show cause notice and no proceedings were taken up by the second respondent. If the second respondent wants to take up the disciplinary proceedings against the petitioner, the second respondent has to issue a show cause notice, invite explanation and pass an order after conducting enquiry. The second respondent should have seen that pendency of 6A proceedings are different from disciplinary proceedings. In the circumstances, the Writ Petition is disposed of directing the second respondent to take up the proceedings in accordance with law, if he wants to take up any disciplinary proceedings or otherwise restore the authorisation of the petitioner. If the second respondent wants to take up the disciplinary proceedings, it is needless to state that those proceedings shall be completed within a period of three months from the date of receipt of a copy of this order. The miscellaneous petitions pending in this Writ Petition, if any, shall stand

closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 14.10.2015 vs