HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2742 of 2008 Date : 18.08.2011 Between : Syed Shabbir Ahmed. …..Petitioner And The District Collector, Chittoor & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2742 of 2008 ORDER : The petitioner was authorized fair price shop dealer for distribution of essential commodities in Gadi village of Kalikiri Mandal in Chittoor District. On certain alleged irregularities, disciplinary proceedings were initiated against him and the Revenue Divisional Officer, Madanapalle has passed orders, dated 22.09.2004, in ROC.No.A3/3393/04, cancelling the authorization of the petitioner. As much as the appellate authority has approved the cancellation order only on Charge No.7, it is appropriate to refer to the said charge. Under charge No.7, the allegation levelled against the petitioner is that he was working as Extra Department Branch Post Master of Gadi village and by suppressing the said fact, he secured appointment as a fair price shop dealer. Even in the explanation submitted by the petitioner, it is stated that his continuation as Extra Department Branch Post Master would not affect the running of his fair price shop. Disagreeing with the explanation offered by the petitioner, the primary authority has cancelled the petitioner’s fair price shop dealership and the same was also confirmed by both the appellate and revisional authorities. In this writ petition, it is the case of the petitioner that the post he is holding i.e. Extra Department Branch Post Master cannot be construed as public office within the meaning of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in that view of the matter, there is no illegality in the order appointing him as fair price shop dealer. A detailed counter affidavit is filed by the 4th respondent-Tahsildar. On the allegation levelled against the petitioner, it is stated in the counter that the petitioner was working as Extra Department Branch Post Master and by misrepresentation and suppressing the said fact, he secured appointment as fair price shop dealer. In the counter, reference is also made to the guidelines issued in G.O.Ms.No.16, dated 06.04.2002, stating that authorized fair price shop dealer shall not hold any office with or without remuneration. It is to be noticed that the post of Extra Department Branch Post Master may not be a public office within the meaning of Central Civil Services (Classification, Control and Appeal) Rules, 1965, but the appointment of the petitioner as fair price shop dealer is contrary to the guidelines issued in G.O.Ms.No.16. Once the petitioner is appointed as a Branch Post Master, he has to attend the said office, and hence, cannot discharge the functions of a fair price shop dealer for distribution of scheduled commodities. Ultimately, it is to be seen that delivery of goods to the consumers is of paramount consideration under the A.P. Public Distribution System (Control) Order, 2008, and as such, if the petitioner is continued, definitely, it will be inconvenience to the consumers, as he will not be in a position to deliver the goods by keeping open the shop regularly, by simultaneously attending to his post as Branch Post Master. In view of the guidelines issued by the Government, which prohibits appointment of any person, who is holding any office with or without remuneration, I do not find any illegality in the order of cancellation, as confirmed by the appellate and revisional authorities. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 18th August 2011 ajr