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

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18448 OF 2016 O R D E R :

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies (Andhra Pradesh). The petitioner was stated to be a fair price shop dealer of Shop No.21, Kothapera Village, Gooty Mandal, Anantapur District. However, on 25.04.2016, his authorization was suspended pending inquiry, vide proceedings Rc.No. D1CS/774/2016 of the 2nd respondent on the ground that variation in the stock available with the petitioner shop has been noticed.

The case of the petitioner is that he was served with a show cause notice dated 13.04.2016, on 16.04.2016, charges were framed against him on 22.04.2016 and his authorization was suspended on 25.04.2016. His grievance is that he was neither allowed to submit his explanation nor afforded an opportunity of hearing before passing the order of suspension.

Since the allegation levelled against the petitioner that there is a huge variation in the stock is serious in nature, the respondentauthorities are bound to conduct an inquiry against him after taking into consideration the explanation submitted by him. Here, in the instant case, the complaint of the petitioner is that he was not even allowed to submit his explanation putting-forth his grievance. In that view of the matter, the petitioner is directed to submit his explanation to the show cause notice dated 13.04.2016. On such submission, the 2nd respondent is directed to complete the inquiry, taking into account and consideration the explanation of the petitioner and after affording an opportunity of hearing and pass final orders considered appropriate within a period of six weeks from the date of receipt of a copy of this order. If the 2nd respondent fails to complete the inquiry within the time-frame, as set out above, it is needless to mention that the order of suspension stands suspended till the final order is passed one way or the other.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

------------------------------------ CHALLA KODANDA RAM, J 13th June 2016 ksld