P.Ramanjaneyulu Naidu, v. The Joint Collector,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 29769 OF 2015 Date: 21-09-2015 Between:

P.Ramanjaneyulu Naidu ... Petitioner And The Joint Collector, Kurnool District, Kurnool, Andhra Pradesh and three others.

... Respondents

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 29769 OF 2015 The petitioner was appointed as a fair price dealer of shop No.35 of Kocheruvu Village, Dhone Mandal, Kurnool District on permanent basis. He was appointed on compassionate grounds.

The authorization of the petitioner was suspended on 28-07-2014. Challenging the said order, the petitioner submitted an appeal to the 1st respondent along with stay application and the said application was not disposed of.

The petitioner approached this Court in W.P.No.24115 of 2014 and this Court suspended the order of suspension by an order dated 25-08-2014 and directed the 1st respondent to dispose of the said appeal. The 1st respondent issued proceedings on 21-08-2014 and remanded the case to the 2nd respondent for finalization within four weeks. The 2nd respondent issued another show-cause notice on 30-092014 by framing five charges while implementing the orders of this Court dated 25-08-2014. Now another order of suspension was passed on 19-08-2015 on the complaint made to the Hon'ble Lokayuktha by some villagers and the report of Tahsildar dated 17-08-2015. Challenging the same, the

present writ petition is filed.

It is clear from the above facts that pursuant to the show-cause notice issued on 30-09-2014, no final orders were passed by conducting enquiry. Now the present order of suspension is passed on 19-08-2015, pursuant to the complaint made by some of the card holders to the Hon'ble Lokayuktha and the report of Tahsildar dated 1708-2015. The petitioner is stated to have been continuing as a dealer till the order of suspension passed on 19-082015 by virtue of the orders passed by the 2nd respondent dated 11-11-2014.

In the circumstances, the 2nd respondent is directed to complete the enquiry in respect of the show-cause notice dated 30-09-2014 and also in respect of the allegations levelled against the petitioner in the order of suspension dated 19-08-2015 after giving due opportunity to the petitioner within a period of sixty (60) days from the date of receipt of copy of the order. In view of the order passed by the 2nd respondent on 11-11-2014 and in the peculiar circumstances of the case, the dealer shop of the petitioner shall be continued till passing of final order by the 2nd respondent.

The writ petition is allowed to the extent indicated

above. In consequence, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.

________________________ A.RAMALINGESWARA RAO, J.

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