Held that prolonging suspension of a fair price shop authorisation beyond six months without final enquiry converts the order into a penalty. Directs respondent to complete enquiry and pass final order within one month.
Directed respondent to complete enquiry and pass final order within one month of receipt of order.
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The Hon'ble Sri Justice C.V.Nagarjuna Reddy
Writ Petition No.31411 of 2012
Date: 08-10-2012
Between:
Smt.Thigiripalli Nirmala Kumari
..... Petitioner
AND The Joint Collector West Godavari District at Eluru and 2 others
.....Respondents
Counsel for the petitioner: Mrs.V.Padmaja Reddy Counsel for the respondents: AGP for Civil Supplies
The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in continuing the suspension of the petitioner’s authorisation in respect of fair price shop No.25, Tirugudumetta Village, Tallapudi Mandal, West Godavari District, beyond 90 days, as illegal and arbitrary.
The petitioner’s fair price shop authorisation was suspended by respondent No.2 by Order, dated 23-022012, pending enquiry. The petitioner filed WP.No.7318 of 2012 questioning the said Order. This Court disposed of the said Writ Petition, without interfering with the order of suspension and with the direction to respondent No.2 to complete the enquiry within a period of six months from the date of receipt of a copy of the said order. The grievance of the petitioner is that neither the enquiry is completed nor the suspension order has been revoked.
After hearing the learned Assistant Government Pleader for Civil Supplies representing the respondents, I am of the opinion that respondent No.2 is not justified in prolonging the enquiry without completing the same and passing a final order. An order of suspension is made pending enquiry to facilitate smooth conduct of enquiry and to prevent the dealer from interfering therewith. By prolonging the enquiry for unduly long period, the order of suspension will partake the character of penalty. However, in ordinary course, the petitioner ought to have filed a Contempt Case for noncompliance with the Order of this Court passed in the previous Writ Petition. In the facts and circumstances of the case, respondent No.2 is directed to complete the enquiry and pass a final order within one month from
the date of receipt of a copy of this order failing which this Court will take a serious view of his lapse in complying with the Order of this Court.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.40060 of 2012, filed by the petitioner for interim relief, is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) Date: 08-10-2012 lur
1 issue framed by the court
Whether indefinite suspension of a fair price shop authorisation without final enquiry violates the principles of natural justice.
Smt.Thigiripalli Nirmala Kumari
The Joint Collector West Godavari District at Eluru
2 others
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
