N.SANTHA KUMARI Vs. GOVT. OF A.P.

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:

(2.) Heard Sri V.V.L.N. Sarma, learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for the respondent Nos. 1 to 4 and Sri P.Roy Reddy, learned counsel for the Respondent No.5.

(3.) The case of the petitioner is that she is the Fair Price Shop Dealer of Kubadpuram Village, Rajupalem Mandal, Guntur District, and she has been running the said shop for the last one decade without any complaint from anybody. On 28/4/2003, the respondent No.4 came to his shop and took away the original sales and stock registers, authorization etc. Later, he obtained a report from the Deputy Tahsildar (CS) that there is a variation of 1.58 quintals of rice etc., A variation of 1.5 Kgs is permissible. The said report is purported to have been submitted to the 4th respondent recommending for initiation of disciplinary action against the petitioner. A copy of the report was not given to the petitioner to enable the petitioner to explain the facts. The 4th respondent, without conducting any preliminary enquiry, issued Proceedings in Rc.No.981-A/2003- G, dtd. 20/4/2003, suspending the authorization of the petitioner. A show cause notice, dtd. 20/4/2003 was also issued. The petitioner could not submit her explanation as she was suffering from Jaundice and was taking medical treatment under the care of Dr. Narra Venkateswara Rao. Thereupon, the 4th respondent passed Orders, dtd. 25/6/2003, in D.Dis.No.981-A/2003-G, cancelling the authorization of the petitioner. Thereafter, the respondent authorities appointed the 5th respondent as Fair Price Shop dealer on temporary basis. Aggrieved by the Orders of the Respondent No.4, she filed Appeal No.32/2003 before the 3rd respondent. As the 3rd respondent did not pass any orders even after one year, she filed W.P.No.4683 of 2004 before this Court. This Court, by Order dtd. 12/3/2004, directed the 3rd respondent to dispose of the Appeal within Six weeks. Thereafter, the 3 rd respondent passed orders in A.C.D.Dis.No.32/2003-S7, dtd. 15/5/2004, directing the 4th respondent to permit the petitioner to present her views, and accordingly, the petitioner submitted her detailed explanation to the show cause notice to the 4 th respondent.