Item No.13
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.188 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an order dated
11.05.2020 passed in W.P.No.6749 of 2020 wherein, he had
challenged the decision of the respondent No.3/District Civil Supply
Officer of suspending his authorisation to run a fair price shop at Kaithalapur, Moosapet, Kukatpally Village, Medchal-Malkajgiri District, mainly on the ground that he was not afforded an opportunity of hearing before such an order was passed.
2. In the impugned order, the learned Single Judge expressed an opinion that it was not a fit case where the enquiry initiated against the appellant/writ petitioner should be suspended. Instead, the appellant/writ petitioner was directed to offer an explanation and thereafter, the respondent authorities were directed to take a decision on the pending enquiry.
3. We have enquired from learned counsel for the parties as to the current status of the enquiry proceeding, only to be told by Ms. Jyothi Kiran, learned counsel for the respondents that the appellant/writ petitioner has not been cooperating and has failed to offer an explanation to the respondent No.3.
W.A.No.188 of 2020 Page 1 of 2
4. Mr. Niranjan, learned proxy counsel appearing for learned counsel for the appellant states that if given one more opportunity, the appellant/writ petitioner shall participate in the enquiry proceedings, submit an explanation and appear before the respondent No.3.
5. In the interest of justice, the appellant/writ petitioner is granted another two weeks to submit his explanation to the respondent No.3. He shall appear before the respondent No.3 on 15.03.2021 at 3:00 PM and he shall be entitled to make his oral submissions and rely on his reply which shall be duly considered by the respondent No.3, who shall take a decision within two weeks reckoned from the date of the hearing, under written intimation to the appellant/writ petitioner. In the event the appellant/writ petitioner is aggrieved by the order that may be passed by the respondent No.3, he shall be entitled to seek appropriate legal recourse against the same.
6. The present appeal is disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 26.02.2021 JSU/pln W.A.No.188 of 2020 Page 2 of 2