GUMMADISETTI Vs. JOINT COLLECTOR KHAMMAM

JUDGEMENT

(1.) The unsuccessful petitioner in W.P. No. 23710 of 2003 is the appellant in this appeal preferred against the order made in the said writ petition wherein a learned single Judge of this Court upheld the order passed by the Joint Collector, Khammam, the respondent herein dated 1-11-2003 keeping the licence of the appellant herein under suspension pending enquiry.

(2.) The appellant is a wholesale kerosene dealer of the Hindustan Petroleum Corporation Limited (HPCL). When tanker bearing No. AP 31T 5549 was transporting for public distribution system 12 Kilo Litres (KLs) of blue dyed kerosene oil belonging to the appellant herein drawn from Kondapalli terminal of the HPCL, the Regional Vigilance and Enforcement Officer intercepted the tanker. The lorry and the kerosene were seized and the matter was reported to the Joint Collector, Khammam. We do not propose to refer to the allegations in detail levelled against the appellant herein and his defence so as to avoid unnecessary prejudice to either of the parties since enquiry is to be held against the appellant pursuant to the show cause notice stated to have already been issued by the Joint Collector.

(3.) The Joint Collector, Khammam having received the auto-max message dated 11 -10-2003 in which it is inter alia alleged that the dealer deliberately diverted PDS SK oil to M/S. Dowpati Chinnaiah and sons, HPC Dealer. Narsaraopet through the oil tanker bearing No. AP 31T 5549, without valid documents with a mala fide intention to direct (sic. divert) the PDS Kerosene oil into black market, passed the impugned order on 1-11-2003, the operative portion of which reads a follows: