K. John Kiran Kumar, v. The State Of Andhra Pradesh, Rep. By Its Secretary,
HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19016 OF 2016 ORDER:
This Writ Petition is filed challenging the proceedings dated 05.02.2016 canceling the authorization in favour of the petitioner on the ground that there is variation in the stocks and also on the ground 6A proceedings were initiated based on the inspection report of the Tahsildar. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (A.P.) Though the order of the 3rd respondent runs into as many as four pages, the entire order is only setting out the previous history of the case and the only consideration of the case on merits is in the following terms:
"On considering all these facts and a detailed discreet enquiry has been conducted in this case and on verification of the records and an opportunity was given to the EP Shop dealer for offering his explanation in the light of orders of this Court in W.P.No.29848 of 2015 dated 21.09.2015 and the FP shop dealer has submitted his explanation by simply requesting to restore his authorization as there are no disciplinary cases pending against him with a request to restore his authorization as per the orders of this Court and not given any other relevant information in support of his contention. The records were got verified in their presence and also asked regarding allegations and 6A case details and the said FP shop dealer failed to prove his contention.
A detailed local enquiry also conducted in the village for ascertaining the facts about the issue but the card holders also expressed their discontentment about the FP shop dealer and considering all these factors, concludes beyond doubt that the continuation of the FP shop dealer is not justified, since an excess stocks in rice and less stocks in sugar and the same quantity was detected during the course of the FP shop inspection and subsequent filing of 6A case, which is pending in the Joint Collector, Guntur Court and inspite of the enough opportunity was given to the FP shop dealer he failed to establish his reasonable cause to enlighten us to discard the allegations and there is imperative need to take disciplinary action against the FP shop dealer to safeguard the big subsidiary scheme meant for the poor and to protect the interest of the Government of National food security act also.
In the light of the observations the enquiry concludes disciplinary action, hence the authorization of the FP shop dealer Sri K. Hohn Kiran Kumar, S/o. Peda Seethaiah FP shop dealer for Shop No.41 of Brahmanapalli Village of Piduguralla Mandal is hereby cancelled." The above extracted paras hardly can be said to be any consideration of the case of the petitioner especially the explanation submitted by the petitioner adverting to the merits of the matter. Further, the variation which has been allowed against the petitioner in the mentioned 6B notice is within the permissible limits which aspect is not being disputed by the learned Government Pleader.
One another peculiar aspect in the present case is that in relation to violations of the Control Order, 2008 the Joint Collector is conducting a parallel proceedings and in fact the proceedings under Section 6B were issued under the Essential Commodities Act. The same is evident from the notice dated 30.06.2015. It is un-understandable as to how the violations of the Control Order can be the subject matter of the 6B proceedings. In that view of the matter, the impugned proceedings are liable to be set aside. Accordingly, the writ petition is allowed setting aside the impugned proceedings. However, the 2nd respondent-R.D.
the opportunity of hearing to the petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of the order. No order as to costs. ____________________________________ JUSTICE CHALLA KODANDA RAM DATED:16.06.2016.
Note:
Issue CC in three days.
B/o.
Gk HONOURABLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.19016 OF 2016 Date:16.06.2016