M. Tulasi Naik v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.8371 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. With the consent of parties, the Writ Petition is being disposed of at the stage of admission.

The petitioner was appointed as a fair price shop dealer of F.P.Shop No.39, Nagulaguddam Thanda and Village, Singanamala Mandal, Kurnool District on permanent basis. While so the authorization of the petitioner was suspended on 23.07.2014, and it was later restored. On 02.02.2015, the Tahsildar, Singanamala inspected the shop of the petitioner, based on which, a show cause notice dated 07.02.2015 was issued by the second respondent while initiating 6-A proceedings. When 6A proceedings are pending, the third respondent issued a show cause notice dated 19.02.2015, to which the petitioner submitted his explanation on 28.02.2015. After considering the explanation of the petitioner, the third respondent, passed the impugned order dated 02.03.2015, suspending the authorization of the petitioner without specifying any period. The said order of the third respondent is challenged in the present Writ Petition.

Learned counsel for the petitioner submits that the order of suspension was passed without specifying the period which itself is illegal as it amounts to substantive punishment. In view of the allegations levelled against the petitioner, this Court is not inclined to interfere with the order of the third respondent dated 02.03.2015. The third respondent is directed

to complete the enquiry, duly observing the principles of natural justice, and pass an order within a period of thirty days from the date of receipt of a copy of this order.

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:07.07.2015 usd