Mr. Tallapogu Yenkateswarlu v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.25663 of 2015 Between:

T.Venkateswarlu .. Petitioner and The State of Andhra Pradesh Rep. by its Principal Secretary Department of Civil Supplies Secretariat Buildings, Saifabad, Hyderabad and others .. Respondents DATE OF ORDER PRONOUNCED: 14.08.2015 SUBMITTED FOR APPROVAL:

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

WRIT PETITION No.25663 of 2015 ORDER:

The petitioner is the Fair Price Shop dealer of Shop No.45, Janapadu village, Piduguralla Mandal, Guntur District. The authorization of the petitioner is subsisting till 31.03.2016. The shop of the petitioner was inspected on 09.02.2015 and some minor variation was noticed. However, the petitioner was issued a show cause notice and he submitted his explanation on 28.02.2015. Thereafter, the stock was not supplied to the petitioner. The petitioner filed W.P. No.12314 of 2015 before this Court seeking direction to the respondent to release the stock so long as the authorization of the petitioner was in force. Instead of getting the stock, the petitioner received an order of suspension on 27.03.2015. Challenging the same, the petitioner filed the present writ petition. A perusal of the impugned order shows that 6A proceedings were initiated against the petitioner and they are pending. The only allegation against the petitioner is that there is difference of 1 kg of PDS rice and 10 Kg of sugar. The

fourth respondent ought not to have suspended the authorization of the petitioner, but the fourth respondent passed the impugned order on 27.03.2015 pending enquiry. The petitioner submitted his explanation to the show cause notice issued on 19.02.2015. The pendency of 6A proceedings is different from disciplinary proceedings.

In the circumstances, the fourth respondent is directed to complete the enquiry in respect of the charges leveled against the petitioner and pass appropriate orders thereon, after giving due opportunity to the petitioner, within 30 days from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 14.08.2015 MVA

WRIT PETITION No.25638 of 2015 Date: 14.08.2015 MVA