Palla Ramachandraiah vs The State Of Andhra Pradesh
2021 Latest Caselaw 272 AP

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

             WRIT PETITION No.1509 of 2021
  ORDER:

Heard the learned Counsel for the petitioner and the

learned Government Pleader for Civil Supplies. At their

request, the Writ Petition is being disposed of at the

admission stage.

This Writ Petition is filed questioning the order of

respondent No.2, dated 05.03.2020, suspending the

authorization of the petitioner.

The petitioner was appointed as dealer of fair price

shop No.1132003, C.K.Dinne Harijanawada, C.K.Dinne

Mandal, YSR District, on permanent basis in the year 1990.

Respondent No.4, along with Mandal Revenue Inspector

and Village Revenue Officer, Galiveedu Mandal, visited the

subject fair price shop on 15.02.2020 and submitted report

dated 22.02.2020 to respondent No.2 alleging certain

variations. Based on which, respondent No.2 issued the

impugned order dated 05.03.2020 alleging variations in

MDM Rice, Sugar, Ragi, PDS RG Dal, MDM RG Dal, Atta

and Palmolein Oil. Hence the Writ Petition.

Learned Counsel for the petitioner submits that, even

though authorization was suspended in March, 2020,

enquiry has not yet been completed and, where enquiry

could not be completed within a period of 90 days from the

date of suspension, the authorization has to be restored. In

support of his contention, he relied upon a judgment of this

Court in A.Neelima v. Joint Collector, Kurnool1.

As against the judgment in A.Neelima (1 supra),

W.A.No.112 of 1996 was filed and a Division Bench of this

Court observed as follows:

"What is reasonable period of suspension will vary from case to case depending upon various factors, though more often than not, a period of 90 days should ordinarily be sufficient to conclude the enquiry".

Another Single Judge of this Court in C.Durga

Srinivas Rao v. State of Andhra Pradesh2, held that

enquiry should be completed as soon as possible but not

later than ninety days from the date of suspension.

As against the judgment in C.Durga Srinivas Rao

(2 supra) (WP.Nos.30126 and 30128 of 2014 and 2388,

2094 and 4204 of 2015 dated 07.08.2015), W.A.Nos.858

and 860 of 2015 were filed and a consent order was passed

directing the respondents therein to complete the enquiry

within a period of two months from the date of the order.

As the order of the learned Single Judge is modified by the

Division Bench, the proposition that the enquiry should be

completed within a period of 90 days does not hold good.

1996 (1) APLJ 285

2015 (6) ALD 359

The AP State Targeted Public Distribution System (Control)

Order, 2018 also does not specify any time limit.

In view of the judgments of the Division Bench in

W.A.Nos.858 and 860 of 2015 and 112 of 1996, there is no

stipulation regarding completion of enquiry within a period

of 90 days. The contention of the learned Counsel for the

petitioner that the enquiry has not been completed within

the time stipulated and, as such, his authorization has to

be restored does not have legs to stand. The Andhra

Pradesh State Targeted Public Distribution System

(Control) Order, 2018, however, does not stipulate any time

frame for completion of enquiry. Hence, it cannot be

contended that, merely because, the enquiry could not be

completed within a period of 90 days, the suspension order

has to be set aside and that the petitioner is entitled for

supply of essential commodities. The period within which

enquiry has to be completed will depend upon facts of each

case and the cooperation of the dealer.

In the facts and circumstances of the case, as the

impugned suspension order is dated 05.03.2020, the

respondents/appropriate authority is directed to complete

the enquiry, as expeditiously as possible, preferably within

a period of eight weeks from the date of receipt of a copy of

this order. It is also made clear that the petitioner shall not

seek unnecessary adjournments and cooperate with the

enquiry.

The Writ Petition is, accordingly, disposed of.

Miscellaneous Petition pending, if any, shall also

stand disposed of. However, in the circumstances, without

costs.

________________________________ KONGARA VIJAYA LAKSHMI, J

Date:21.01.2021 Note:CC as expeditiously as possible bo Usd