C.B.JAYARAMU Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner then a PDS Depot holder is knocking at the doors of Writ Court for assailing the order dtd. 25/5/2022 whereby the 1st Respondent - Deputy Commissioner has dismissed his appeal against the order dtd. 22/3/2021 made by the 2nd Respondent - Joint Director cum Competent Authority who has set at naught the Authorization to run the Fair Price Shop on certain fault grounds. Learned counsel for the Petitioner argues that both the orders have errors apparent on their face and therefore, the same are liable to be invalidated at the hands of this Court.

(2.) Learned AGA appearing for the Respondents opposes the Petition making vehement submission in justification of the impugned orders and the reasons on which they have been constructed. She contends that the original authority after enquiry has found fault with the Petitioner and therefore, cancelled his authorization; the same having been examined, the Appellate Authority, has concurred with the same and therefore, this Court exercising a limited supervisory jurisdiction under Article 227 of the Constitution should decline indulgence consistent with the constraints it has in terms of Apex Court decision in SADHANA LODH vs NATIONAL INSURANCE COMPANY LTD ., AIR 2003 SC 1561.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made on behalf of the Respondent Authorities. Petitioner was issued Show Cause Notice dtd. 7/3/2020 pointing out as many as 11 defects & misconduct. Petitioner sent his Reply dtd. 13/3/2020. He has specifically admitted about the delayed distribution of the ration commodities in the month of February 2020; However, he pleaded medical grounds; what prevented the Petitioner from making an alternate arrangement during the said period so that the ration card holders are not put to hardship has not been whispered. There are BPL Cardholders who obviously belong to a poorer Sec. of the society who depend upon the distribution of ration for their livelihood. Therefore, lapse of the kind cannot be viewed leniently, as rightly contended by learned AGA.