Court dismissed writ petition challenging suspension of fair price shop dealership. Order directed department to complete enquiry within one month.
Petition dismissed. Direction to complete enquiry within one month.
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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
W.P.No.30024 of 2010
Date : 24-12-2010
Between: Smt.Munilakshunumma w/o.Subbareddy .. Petitioner And The State of Andhra Pradesh, Represented by its District Collector, Y.S.R. District and others .. Respondents
Counsel for petitioner : Sri V.R. Reddy Kovvuri
Counsel for respondents : A.G.P. for Civil Supplies
The court made the following :
ORDER:
This Writ Petition is filed for a mandamus to set-aside order dated 19-11-2010 of respondent No.2 whereby he has suspended the petitioner’s fair price shop dealership on as many as four charges.
At the hearing, Sri V.R. Reddy Kovvuri, learned counsel for the petitioner, stated that none of the charges on which suspension has been ordered are substantive in nature and that the extreme action of suspension of authorisation on such charges is not warranted.
Having prima facie examined the nature of the charges, I am unable to accept the contention of the learned counsel for the petitioner. Even if charge No.1 can be stated to be not sustainable as the variations appear to be in permissible limits, charge Nos.2, 3 and 4 are serious in nature warranting interim suspension pending enquiry. Whether these charges bear substance and truth or not, needs to be adjudicated in the enquiry to be held by respondent No.2. In this view of the matter, I do not feel inclined to interfere with the impugned order. The Writ Petition is accordingly dismissed. However, respondent No.2 is directed to complete the enquiry and pass appropriate final order after giving an opportunity of being heard to the petitioner within a period of one month from the date of receipt of a copy of this order.
As a sequel to disposal of the Writ Petition, WPMP No.38243/2010 is disposed of as infructuous.
________________________ Justice C.V.Nagarjuna Reddy
Date : 24-12-2010
AM
1 issue framed by the court
Whether the suspension of the petitioner’s fair price shop dealership authorization warrants judicial interference pending enquiry.
Smt. Munilakshunumma w/o. Subbareddy
State of Andhra Pradesh
C.V. Nagarjuna Reddy
As recorded by the court registry
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