WP(C) 2818/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. Dasgupta learned Counsel for the petitioner as well as Mr. Da s, learned standing counsel, B.T.C. The subject matter of challenge in this Writ Petition is a Communicat ion dated 25.3.2010 issued by the Respondent No. 3 which discloses that a certai n numbers of PDS Card holders did not receive the allotted PDS items from the pe titioner’s fair shop dealer. They were allowed to take such items directly unti l completion of departmental enquiry. It is submitted by Mr. Das that the departmental enquiry is pending ag ainst the petitioner against certain unfounded allegations. Mr. Das has rightly pointed out that the impugned order dated 25.3.2010 passed by the respondent No. 3 is an appellable order under Cl. 29 of Assam Public Distribution of Articles Order, 1982. Accordingly the respondent No. 2 is the appellate authority. In that view of the matter, in the backdrop of the disputed questio n of facts which goes to the root of the dispute, this petition is disposed of with the direction tat the petitioner would be entitled to file an appeal befor e the respondent No. 2 within a period of 10 days from today and in the event of filing such appeal, the respondent No. 2 shall dispose of the same in accordanc e with law. It is further directed that the departmental enquiry which is pendin g against the petitioner, the same shall also be completed as early as possible, at any rate not later than 4 weeks from the date of receipt of a copy of this o rder. It is needless to say that the petitioner would be provided opportunity of hearing in respect of such articles. Writ Petition stands disposed of.