GIRIYAPPA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Smt. K. Vidyavathi, learned Additional Government Advocate is directed to take notice on behalf of the respondents. The petitioner, in this writ petition, has sought for quashing the order dated 23-5-2015 passed by the Deputy Commissioner (Food and Civil Supplies Department) suspending the authorization given to him for distribution of food grains.

(2.) Sri Vitthal S. Teli, learned Counsel appearing for the petitioner contended that before suspending the authorization no opportunity of hearing was given since the show-cause notice as well as the suspension order are issued on the same day, and hence, the impugned order passed by the Deputy Commissioner cannot be sustained.

(3.) Learned Additional Government Advocate appearing for the respondents contended that suspending of the authorization given for distribution of food grains is not a punishment; for suspending the authorization, show-cause notice need not be issued; that on the basis of the complaint and the enquiry report submitted by the Tahsildar with regard to the distribution of food grains to the non-card holders and change of place of distribution of food grains, the Deputy Commissioner has passed the impugned order pending enquiry. She submitted that the petitioner has got a remedy of appeal against the order impugned passed by the Deputy Commissioner under Clause 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, and hence the writ petition is liable to be dismissed.