Nasreenunnissa v. The State Of Telangana
HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10652 of 2016 DATED 01ST APRIL, 2016 BETWEEN Nasreenunnissa
...Petitioner
And The State of Telangana, rep. by its commissioner of Civil Supplies, Department of Civil Supplies, Hyderabad and ors.
....Respondents.
HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10652 of 2016 ORDER:
The order dated 9.6.2016 passed by the second respondent suspending the authorization of the petitioner pending enquiry is challenged in the present Writ Petition.
The petitioner was appointed as Fair Price Shop Dealer for Shop No. 528, Circle V, Hyderabad. While so, basing on the report submitted by the Assistant Supply Officer on 6.6.2015, the second respondent issued a show cause notice on 09.06.2015 on the ground that the petitioner has married to one Sri Wasiuddin, who is working as Office Subordinate in the office of the Assistant Supply Officer, Circle V, Hyderabd and the said fact has not been disclosed. The petitioner submitted her explanation to the said show cause notice. Dissatisfied with the same, the second respondent
passed the impugned order dated 9.6.2016 suspending the authorization of the petitioner pending enquiry. Hence the present Writ Petition.
The explanation submitted by the petitioner to the show cause notice dated 9.6.2015 is yet to be considered. Further it is to be seen that the impugned order passed by the second respondent is only suspension pending enquiry. It is the case of the petitioner that she has been appointed as Fair Price Shop Dealer in the year 2005 and her marriage with the said Wasiuddin took place in the year 2007 and hence the same is not in contravention of the guidelines issued in G.O.Ms.No.4, dated 19.02.2011. These are the factors which are required to be enquired into by making reference to the documents to be produced by the petitioner. However, one important aspect of the matter which the learned Counsel for the petitioner pointed out is that G.O.Ms.No.4, dated 19.02.2011 issued by the Government is prospective in nature.
Even assuming that marriage of the petitioner with the said Wasiuddin took place as on the date of her authorization is in force, whether the bar contained in G.O.Ms.No.4 dated 19.02.2011 can be made applicable to the case of the petitioner. In other words, there is ambiguity with regard to the same. However, the case is required to be enquired into. Inasmuch as the petitioner has already submitted her explanation on 12.06.2015 to the show cause notice dated 9.6.2015, the second respondent is directed to complete the enquiry after giving opportunity of hearing to the petitioner, considering the ambiguity in the issue on hand and the fact that there being no allegations of malafide against the petitioner. Till such time the enquiry is completed and orders are passed, there shall be stay of operation of the impugned order dated 9.6.2015.
The petitioner is at liberty to submit her detailed explanation, if any, within a period of ten days from the date of receipt of a copy of their order.
Subject to the above, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs. --------------------------------- JUSTICE CHALLA KODANDA RAM DATED 1ST APRIL, 2016.
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