P.Bhagyalakshmi v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.4042 of 2015 Date: 26-02-2015 Between P.Bhagyalakshmi ... Petitioner and The State of A.P., Rep. by its Prl. Secretary, Civil Supplies Dept., Secretariat, Hyderabad;
and 2 others ... Respondents HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.4042 of 2015 Order:
Heard Sri K.Joseph, learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents.
2. This writ petition is filed seeking to declare the action of the 2nd respondent in issuing the show cause notice as well as the suspension order simultaneously vide Rc.No.2624/2014-B, dated 15-7-2014, without
affording reasonable opportunity to the petitioner to submit her explanation and further continuing her authorisation under suspension even after lapse of 90 days, as being illegal, arbitrary and consequently direct the respondent authorities to complete the enquiry expeditiously while restoring the authorisation of the petitioner.
3.
On the allegation of committing certain irregularities, the authorisation of the fair price shop of the petitioner was suspended on 15-7-2014. A show cause notice was issued to her for which she submitted an explanation. But, so far, according to the learned counsel appearing for the petitioner, no enquiry has been initiated. Under law, the enquiry into the irregularities has to be completed within 90 days of the issuance of the show cause notice. But, in the instant case, so far no enquiry has been initiated.
4. In the circumstances, the suspension order dated 15-7-2014 passed by the 2nd respondent-RDO, Narsaraopet, is hereby revoked. The authorities however are at liberty to proceed with the enquiry and pass final orders if they so propose. The writ petition is disposed of accordingly. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
___________________ R.KANTHA RAO, J.
26th February, 2015.
Ak HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.4042 of 2015
26th February, 2015.
(Ak)