THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1709 of 2011 Date:14.02.2011 Between: M. Dharmichand ..... Petitioner AND The State of Andhra Pradesh, Chittoor and others .....Respondents Counsel for the Petitioner: Sri S.V.Muni Reddy Counsel for Respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the order dated 24.01.2011 of respondent No.2. The petitioner is fair price shop dealer of shop No.6 of Satyavedu Village and Mandal of Chittoor District. On the basis of an inspection of the petitioner’s shop, proceedings under Section 6-A of the Essential Commodities Act, 1955 were initiated. Respondent No.3 has evidently sent report dated 19.12.2011 to respondent No.2, who with reference to the said report, passed the impugned order suspending the petitioner’s authorization pending enquiry under Clause 3(4) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. The principal ground of attack of the impugned order is that respondent No.2 has not specified the alleged irregularities on the basis of which the authorization is suspended. A careful perusal of the impugned order supports this plea of the petitioner. Respondent No.2 has merely mentioned in his order that “dealer has committed certain irregularities in distribution of ECs”. Before denying a fair price shop dealer his legitimate right of distributing the essential commodities, it is incumbent upon the disciplinary authority to specify the alleged irregularities on which such right is kept in suspended animation. Non-disclosure of the alleged irregularities leads to arbitrary exercise of power on the part of the authorities. As the impugned order suffers from such a flaw as noted above, the same is quashed. Respondent No.2 is, however, given liberty to take appropriate action in accordance with law. With the above direction, the Writ Petition is allowed. As a sequel to disposal of the writ petition, interim order dated 01.02.2011 is vacated and W.P.M.P.No.2091 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 14th February, 2011 GHN