THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.6621, 6622, 6625 and 6628 of 2010 Dated:08.04.2010 Between: P.Sudhakar And others. …Petitioner and The District Collector (CS), Mahaboobnagar District, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.6621, 6622, 6625 and 6628 of 2010 COMMON ORDER: These four petitions under Article 226 of the Constitution of India assailing the similar order passed by respondent No.2 suspending the Fair Price Shop (FPS) authorization of the petitioners can be disposed of by a common order. A similar issue has arisen for consideration. Shorn of the details the petitioners were appointed as permanent dealers of FPS in Nagarkurnool Town. It appears that a special team inspected the shops on 06.03.2010 and found certain irregularities. A report was submitted to the District Collector (Civil Supplies), namely the Joint Collector. Based on his instructions respondent No.2 passed impugned orders suspending the authorization. The order impugned in W.P.No.6621 of 2010 reads as under (all other orders are similar). In compliance with the ref.cited the Collector (CS), Mahaboobnagar has informed that the Spl.Team inspected FP Shop No.3 in Nagarkurnool Town on 06.03.2010. According to his report the lapses of the FP Shop Dealer observed as under. Out of the randomly inspected (36) cardholders. 1. (11) No. of the cardholders not received 2 Ltrs K.Oil in Jan-10. 2. (13) No. of the cardholders not received 4 Ltrs. K.Oil in Feb-10. 3. (4) No.of the cardholders received 2 Ltrs/1 Ltr K.Oil in Feb against actual allotment of 4 Ltrs. 4. (1) No. of cardholders not received Rice in Jan- 10. 5. (1) No. of cardholders not received Rice in Feb- 10. 6. (1) No. of cardholders not received sugar in Jan-10. 7. (2) No. of cardholders not received sugar in Feb-10. 8. (1) No. of cardholders not received P.Oil in Jan- 10. 9. (2) No. of cardholders not received P.Oil in Feb- 10. In view of the above, the Collector (CS), Mahaboobnagar has suspended FP Shop No.3, Nagarkurnool for violation of irregularities committed by the FP Shop Dealer on distribution of above the commodities to the cardholders and make the inconvenience to the cardholders by the FP Dealer and he has violation to the APPDS (Control) Order 2008. Therefore, Sri P.Sudhaker FP Shop No.3, Nagarkurnool Town authorization is hereby suspended with immediate effect i.e., on 20.03.0, the Tahsildar, Nagarkurnool is hereby directed to make alternate arrangements by the adjacent dealer. Till the further order issued by this office. A cursory perusal would show that respondent No.2 did not exercise disciplinary powers independently. He abdicated the disciplinary jurisdiction and passed impugned order only on the ground that the Joint Collector suspended the authorization of the Fair Price Shops. Therefore, after hearing the Counsel for the petitioners and Assistant Government Pleader for Civil Supplies, this Court is of considered opinion that the impugned orders are unsustainable because the competent authority abdicated his powers and also because the appellate authority himself exercised the disciplinary powers under Clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 (Control Order). In a case of this nature suspension pending enquiry may not be called for especially when no notice was issued to the petitioners nor the impugned orders are interim suspension. Instead the Revenue Divisional Officer may conduct independent enquiry after giving notice to the petitioners and pass appropriate orders under Clause 5(5) of the Control Order. Accordingly, the impugned orders in these writ petitions are set aside. Respondent No.2 may now proceed to conduct enquiry and pass appropriate orders under Clause 5(5) of the Control Order. The Writ Petitions are accordingly allowed. _____________ (V.V.S.RAO, J) 08.04.2010 vs