P HANUMANTHA RAO Vs. CHIEF RATIONING OFFICER

JUDGEMENT

(1.) The petitioner who was granted an authorisation to run the Fair Price Shop No.682 situate at Bagh Amberpet, Hyderabad, has filed this Writ Petition questioning the order of suspension dated 17-6-1993 passed by the 2nd respondent. In the said order, it is stated that the Asst. Supply Officer reported that the Vigilance Cell has registered a case under Section 6-A of the Essential Commodities Act against the petitioner-on detecting certain irregularities on 10-6-1993 and arrested the dealer. It is then stated as follows:

(2.) I have heard the learned Govt. Pleader for Civil Supplies at the stage of admission.

(3.) Though the exact Control Order under which the power of suspension has been invoked is not mentioned, it is obviously the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973. Cl. 3(4) of the said Order provides for amendment, variation, suspension or cancellation of the authorisation issued to the dealer. The suspension contemplated thereunder is a final order of suspension passed after due enquiry. Indisputably it does not take within its fold the suspension pending enquiry as an interim measure. Suspension pending enquiry is not specifically provided for. However, it can be taken as an implied or ancillary power vested in the authority empowered to exercise the power of cancellation or suspension as envisaged by sub-clause (4) of Clause 3.