IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28891 of 2011(J) -------------------------- PETITIONER(S): --------------- NONCHAKUMARAN.C., S/O.LATE CHINNAPPAN, NONCHAN HOUSE, THIRUNELLAI P.O., PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE DISTRICT SUPPLY OFFICER, DEPARTMENT OF CIVIL SUPPLIES, PALAKKAD. 4. TALUK SUPPLY OFFICER, DEPARTMENT OF CIVIL SUPPLIES, PALAKKAD TALUK. GP SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).28891/11 APPENDIX PETITIONER(S) EXHIBIT EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT NO.4 DATED 12.10.2011. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).28891/2011 .............................................. Dated this the 31st day of October, 2011 JUDGMENT Petitioner was appointed as ARD No.16 in Palakkad Taluk. By Ext.P1 order, his appointment has been suspended pending enquiry on account of the allegations mentioned therein. It is this order which is under challenge in this writ petition mainly on the ground that the order has been passed in denying him the mandatory opportunity of hearing as provided in clause 45(8) of the Kerala Rationing Order. 2. In my view, the opportunity of hearing provided in clause 45 (8) is to give only when a punishment is proposed to be imposed on an ARD and not when the ARD is placed under suspension pending enquiry, as in this case. This is all the more clear from the separate provision in clause 45(8) which reads as “if considered necessary, he may suspend the appointment of an Authorized Retail Distributor temporarily, pending enquiry.” Therefore, there is no substance in the contention that before an ARD is placed under suspension, it is mandatory that he should be given an opportunity of hearing. W.P.(C).28891/11 2 Therefore, I dismiss the writ petition without prejudice to the right of the petitioner to invoke the appellate remedy available to him under the Order. ANTONY DOMINIC, Judge mrcs