S. Ramana Reddy, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15344 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The Writ Petition is being disposed of at the admission stage with the consent of both the parties. The petitioner was appointed as a fair price shop dealer of shop No.20, Chintalapalem Village, Talluru Mandal, Prakasam District in the year 2005 under physically handicapped quota. While so, based on the report of the third respondent dated 19.03.2015, the second respondent framed two charges, and issued a show cause notice dated 02.04.2015 asking the petitioner to submit explanation. The petitioner submitted his explanation. After perusing the explanation, the impugned order dated 15.05.2015 was passed by the second respondent. Challenging which, the present Writ Petition is filed.

Learned counsel for the petitioner submits that, when an order cancelling the authorization of the petitioner was issued on 06.01.2015, W.P.No. 1663 of 2014 was filed and the same was disposed of on 24.01.2015 directing the petitioner to file an appeal and the appeal has not yet been disposed of, and the same is pending.

Against the earlier order dated 06.01.2015, the present proceedings are initiated, and the petitioner, being a handicapped person, is harassed by the officers. However, a perusal of the order, challenged in the present Writ Petition, shows that two allegations are made against the petitioner, and when the explanation submitted by the petitioner was found not satisfactory, the second respondent conducted a regular enquiry into the allegations. In the circumstances, this Court is not inclined to interfere with the order passed by the second respondent on 15.05.2015. However, since the petitioner is disturbed from dealership, this Court feels that the enquiry should be completed within thirty days from the date of receipt of a copy of this order.

Needless to state that the second respondent shall follow due process of law while conducting enquiry and give due opportunity to the petitioner to submit his case.

The Writ Petition is, accordingly, disposed of. As a sequel thereto, miscellaneous applications, if any, also stand disposed of. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:03.06.2015 usd