CHITTI RAMAMURTHY Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed to issue writ of certiorari to call for records relating to the order in D.Dis.SR(A)No.09/2017/S2 dtd. 15/7/2017 passed by the 2nd respondent thereby, confirming the order in D.Dis.SR(A)No.09/2016/S2 dtd. 27/2/2017 passed by the 3rd respondent, while confirming the proceedings Rc.No.176/2014/CS, dtd. 12/8/2016 of the 4th respondent and set aside the same as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 (for short 'Control Order, 2018).

(2.) The petitioner is a permanent Fair Price Shop Dealer of Shop No.29 of Lankam Village, Srikakulam Rural Mandal, Srikakulam District appointed in the year 1985 and since then, he has been distributing the essential commodities to the cardholders without any complaint from any quarter. While things stood thus, on 21/1/2015, the Inspector of Police, Vigilance and Enforcement Department along with Village Revenue Officer and Revenue Inspector (CS), inspected the petitioner's Fair Price Shop and verified the stocks available in the shop and found variations in the stocks and prepared mediatornama and submitted a report to the Tahsildar, Srikakulam stating that at the time of inspection, on verification of the records they found variation in stocks viz., (1) PDS Rice 45.99 Qtls; (2) deficit Sugar 1.82 Qtls; (3) Chandranna Sankranthi Kanukalu (Free of cost) RG Dall 183 kgs; (4) P. Oil 185 ltrs; (5) Atta 370 kgs; (6) Bengalgram 183 kgs; (7) Jaggery 183.5 kgs; (8) Ghee 54.700 grams and initiated 6-A proceedings. The 4th respondent issued a show-cause notice dtd. 3/2/2015 asking the petitioner to submit explanation as to why his authorization should not be cancelled. The petitioner submitted his explanation to the showcause notice on 20/2/2015 stating that the commodities were distributed to the cardholders properly, but due to crowd at that time and due to lack of assistance in the fair price shop, he was unable to enter the distributed stocks in the concerned registers and he could not obtain signatures or thumb impressions properly at that time and all of a sudden, the respondent authorities visited the shop and seized the registers. Again, the Revenue Divisional Officer - 4th respondent issued notice dtd. 2/3/2015 asking the petitioner to appear in person on 9/3/2015 and accordingly, he appeared in person and denied the false charges leveled against him and requested to drop further proceedings. However, the 4th respondent issued proceedings dtd. 31/3/2015 cancelling the petitioner's Fair Price Shop authorization. Aggrieved by the same, the petitioner filed W.P.No.12251 of 2015 and the combined High Court, by order dtd. 24/4/2015, passed orders in W.P.M.P.No.16157 of 2015 suspending the operation of the impugned order dtd. 31/3/2015. Subsequently, the said Writ Petition was disposed of on 7/7/2015 setting aside the cancellation order dtd. 31/3/2015 and remanded the matter for conducting fresh enquiry and pass appropriate orders within three months from the date of receipt of copy of the order. Pursuant to the orders of this Court, the 4th respondent issued fresh show-cause-notice dtd. 13/8/2015 to the petitioner, to which he submitted his explanation on 24/8/2015 denying the allegations made therein. Thereafter, the 4th respondent passed orders dtd. 12/8/2016 cancelling the petitioner's Fair Price Shop authorization. Against the said cancellation order, the petitioner preferred an appeal before the Joint Collector along with the stay petition. When no orders passed, the petitioner filed W.P.No.43614 of 2016 and the combined High Court, by order dtd. 15/12/2016 disposed of the writ petition directing the 2nd respondent therein to dispose of the appeal filed by the petitioner within a period of eight weeks. The 2nd respondent therein dismissed the appeal by proceedings dtd. 27/2/2017. Aggrieved by the said orders, the petitioner filed Revision before the 2nd respondent herein. The 2nd respondent without conducting any enquiry and examining the material evidence available on record passed order dtd. 15/7/2017, confirming the orders dtd. 12/8/2016 and 27/2/2017. Assailing the impugned orders, the present Writ Petition is filed.

(3.) The 4th respondent Revenue Divisional Officer filed counter affidavit stating that the Inspector of Police, Vigilance and Enforcement Department along with two Village Revenue Officers inspected the petitioner's Fair Price Shop on 21/1/2015 and found variations in the stock and booked 6-A case. Based on the report of the Tahsildar, Srikakulam, the Revenue Divisional Officer issued a show cause notice dtd. 3/2/2015 to the petitioner, to which he submitted his explanation on 20/2/2015. A notice was issued to the petitioner to attend for personal hearing before the Revenue Divisional Officer, Srikakulam on 9/3/2015. The petitioner attended the personal hearing and stated that on the day of inspection, due to large number of cardholders present in the Fair Price Shop he could not enter the details in the sales register and requested to drop all further proceedings. Considering the explanation submitted by the petitioner and based on the record, the 4th respondent came to the conclusion that the irregularities committed by the Fair Price Shop Dealer are grave in nature and held that the charges are held proved and the petitioner's authorization was cancelled by the impugned order dtd. 31/3/2015. Pursuant to the orders passed by this Court in W.P.No.12251 of 2015, the Revenue Divisional Officer, Srikakulam issued fresh show cause notice to the petitioner on 13/8/2015 and a notice was issued to attend the personal hearing. The petitioner attended personally before the Revenue Divisional Officer and submitted his explanation. After conducting fresh enquiry and not satisfied with the explanation in the personal hearing, the disciplinary authority cancelled the petitioner's Fair Price Shop Authorization vide proceedings dtd. 12/8/2016. The petitioner filed an appeal before the appellate authority and pursuant to the orders dtd. 15/12/2016 passed by this Court in W.P.No.43614 of 2016, the appellate authority has once again ordered to verify with the cardholders in the locality and finally dismissed the appeal of the petitioner. Against the same, the petitioner filed Revision before the 2nd respondent - District Collector, Srikakulam, who after elaborately considering the grounds raised by the petitioner dismissed the revision vide proceedings dtd. 15/7/2017.