K. VISHAWANATH Vs. STATE OF KARNATAKA, THE COMMISSIONER AND DIRECTOR FOR FOOD AND CIVIL SUPPLIES, NO. 1, CUNNINGHAM ROAD AND THE DEPUTY COMMISSIONER, THE OFFICER UNDER FOOD AND CIVIL SUPPLIES, TUMKUR DISTRICT

JUDGEMENT

(1.) LEARNED Government Advocate to accept notice for respondents No. 1 to 3 and file memo of appearance in four weeks. The petitioner is before this Court assailing the orders dated 29.07.2013 (Annexure -B) and 01.08.2013 (Annexure -C) to the petition. Further, the petitioner is also aggrieved by the order dated 28.08.2013 at Annexure -E to the petition.

(2.) THE brief facts are that the petitioner has been granted authorization by the order dated 24.07.1994 to open a fair price Depot at Jyothinagar, Shira Town, Tumkur District. The petitioner has been allotted 475 BPL card holders and 3 antyodaya and as such 478 cards are assigned to the petitioner. On the ground that the petitioner had committed certain irregularities in the distribution of essential commodities, the Deputy Commissioner has passed the order dated 29.07.2013 and 01.08.2013, whereby pending enquiry, the authorization issued in favour of the petitioner is suspended and alternate arrangement has been made for distribution of essential commodities.

(3.) HAVING heard the learned counsel, I am of the opinion that to the extent of Appellate Authority having disposed of the appeal in such manner it was not justified, since the appeal should have been entertained and a finding should have been rendered by the Appellate Authority as to whether the suspension, pending enquiry was justified in the instant facts or not When such an error has been committed by the Appellate Authority, in a normal circumstance, this Court would have set aside the order and would have remitted the matter to the Appellate Authority to restore and reconsider the same in accordance with law. In the instant case, if such a procedure is adopted, in my opinion, it would only delay the process further which would also not be in the interest of the petitioner as the enquiry pending before the Deputy Commissioner would remain inconclusive till the appeal is decided once -over again.