A SANKAR NARAYANA Vs. TAHSILDAR ATMAKUR MANDAL

JUDGEMENT

(1.) THIS writ petition is filed for a mandamus to set aside the order in Rc.No.82/2011/CSDT dated 01.03.2011 of the respondent.

(2.) I have heard Sri N. Ranga Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies and perused the record.

(3.) THE Control Order prescribed separate appointing authorities for fair price shops and nominated retailers/ hawkers. For the former category, the District Supply Officer for the Hyderabad District and Visakhapatnam city and the Revenue Divisional Officer or the Sub- Collector concerned in respect of other Districts are the appointing authorities and for the nominated retailers/hawkers, the Assistant Supply Officer for Hyderabad, Visakhapatnam and Vijayawada cities and the Tahsildar in respect of other Districts are the appointing authorities. Interestingly, clause 2(x) included both the categories of appointing authorities under the definition "disciplinary authority". However, Clause 5 clearly demarcated the powers of the appointing authorities and disciplinary authorities. Under sub-clause (5) of Clause 5, the power to add to, amend, vary, suspend or cancel the authorisation issued to the fair price shops/nominated retailers/hawkers is exclusively vested in the respective appointing authorities. Under sub-clause (6), the "disciplinary authority" is empowered to make alternative arrangement i.e., tagging on the house hold supply cards to the nearby fair- price shop and also suspend the authorisation and/or forfeit the security deposit partly or wholly. THE second proviso to clause 5 empowered the disciplinary authority, namely; Assistant Supply Officer/Tahsildar concerned to exercise the power of suspending authorisation of the erring fair price shop dealers and tagging on the cards to the nearest fair price shop pending final action by the appointing authority for a period of 90 days only. It also envisages that further action of continuing the suspension beyond 90 days or cancellation of authorisation shall be taken by the appointing-cum- disciplinary authority, namely; Revenue Divisional Officers/Sub-Collector/District Supply Officers.