T.SRIRAMULU NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Under the impugned order vide Ref.No.1(4)/1221/2019 dated 03.11.2019, the 3rd respondent having regard to the report of the Assistant Supply Officer, Kadapa Mandal dated 22.10.2019, suspended the authorization of dealership of the petitioner's fair price shop No.1124007 at Yerraguntla Town and Mandal pending finalization of disciplinary case as per Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 (for short "Control Order, 2018") and the said order is being impugned in the present writ petition.

(2.) Heard Sri Delhi Babu, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, representing the respondents.

(3.) Fulcrum of the argument of learned counsel for the petitioner is that on 18.10.2019, the Enforcement Deputy Tahsildar and the 5th respondent have inspected the petitioner's fair price shop in Yerraguntla Town and they could not find any variations in the stock with reference to records maintained by the petitioner. However, the petitioner later came to know that on 22.10.2019, the 5th respondent submitted a false report to 3rd respondent stating that the petitioner committed certain irregularities in distributing essential commodities to the cardholders viz., distributing the ECs with less quantity and collecting higher rates, keeping weighing stones in the fair price shop, distributing the ECs only 11 days, not mentioning the stock position in the stock-cum-price list board, failed to produce legal metrology certificate, not issuing receipts and pasted tape to the e-Pos device. The 5th respondent thus, recommended for taking disciplinary action against the petitioner. The 3rd respondent said to have examined the report and having found prima facie contravention of Control Order, 2018, placed the authorization of petitioner's fair price shop under suspension pending finalization of disciplinary proceedings with immediate effect vide his order dated 03.11.2019.