[3459 ] IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9152 OF 2025 Between: Putiuri Rami Reddy, S/o. Sunda Reddy, age 75 years, Remidicherla Village, Bollapalli Mandal Palnadu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and; Civil Supplies Department Secretariat, Amaravathi. 2. The District Collector, Narasaropet, Palnadu District. 3. The Joint Collector, Narasaraopet, Palnadu District. 4. The Revenue Divisional Officer, Narasaropet, Palnadu District. 5. . The Tahasildar, Bollapalli mandal Bollapalli Palnadu District. ...RESPONDENTS Petition under Article 226'of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to iissue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th-respondent in iissuing the proceedings Rc. No.-97/2024-G dated 6.2.2025 by suspending the authorization dealer of Shop No. 0721011 of the petitioner as fair price shop of Remidicherla Village, Bollapalli Mandal, Palnadu District without there being the petitioners explanation and any valid reason, without considering without providing a personal hearing as illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution principles of natural justice and violative of of India and contrary to the Essential Commodities Act and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 the same by directing the and consequently set aside respondents to continue the petitioner to hold Shop No. 0721011 of Remidicherla Village, Bollapalli Mandal,, Palnadu District. »A NO: 1 OF 2n9f; Petition under Section 151 CPC circumstances stated in the affidavit filed i Court may be pleased to direct the F^P. shop Dealer and to supply essential commodities to the petitioner's fair hop No. 0721011 of Remidicherla Village, Bollapalli Mandal, Palnadu District by suspending the proceedings of the 4"’ respondent in Rc. No 97/2024-G dated 6.2.2025. is filed praying that in the in support of the petition, the High respondents to continue the petitioner as Counsel for the Petitioner(s):SRI. MARELLA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: RADHA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010177802025 [3459] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9152/2025 Between: Putluri Rami Reddy ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MARELLARADHA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES This Court made the following order: This writ petition is filed for the following relief: “...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the respondent in issuing the proceedings Rc.No.97/2024-G dated 6.2.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No. 0721011 of Remidicherla Village, Bollapalli Mandal, Palnadu District without there being any valid reason, without considering the petitioner’s explanation and without providing a personal hearing, as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and contrary to the Essential Commodities th action of the 4 F 2 tj ^■P No. 9152 of2025 -Native Of Andhra Prices, (Control) Order 2018 e the same by directing the State Targeted Public and consequently set continue the Village^ other order ^nd proper in the respondents to petitioner to hold Shop No. 0721011 of Remidicheria Bollapalli Mandal, or orders as this Hon’ble Palnadu District end pass such Court may deem fit circumstances of the case. 2. The petitioner Shop No.072-in appointed as a Fair Price Shop dealer Remidicheria Village of Palnadu ' by the 4^^ for 1 Ul District Based °h the report submitted cause notice explanation to the respondent, the i'aipugned show The petitioner submitted '^as issued on 23.01.2025 his show considering (he explanation petitioner’s shop. cause notice. The respondents without authorization of the have suspended the 3. Heard learned Government Pleader counsel for the appearing for the petitioner and learned respondents. Assistant 4- The petitioner has i has submitted explanation resigned unwillingly and further stating that in the petitioner January, 2025, the petitioner was supplied with less bags. The said adjustment a show cause stock and the same adjusted by sending 4 rice was not reflected i 'u ePOS machine. When , the notice was served calling for explanation appointing 3 JS,J W.P.No.9152of2025 authority which acts as a quasi judicial authority must give cogent reasons before placing the petitioner on temporary suspension. 5. In similar circumstances, in K. Prabhavathi vs State of Andhra Pradesh, rep. by its Principal Secretary and Others^ this Court held at para Nos. 10 & 11 as follows: “10. Then, the next important aspect is that though the prior show cause notice is not mandatory, suspension shall not be made as a matter of course but the authority shall apply its mind in respect of the irregularities alleged against the dealer and form an opinion as to whether placing the dealer under suspension Is imperative and whether such suspension will help to conduct the disciplinary enquiry in a fair manner so as to prevent the errant dealer from meddling with the enquiry and tampering the evidence of the complaint. The authorities shall also consider that if the dealer is permitted to continue his dealership pending enquiry whether there is any possibility of his continuing his misdeeds such as black-marketing the essential commodities, not properly distributing the commodities to the cardholders and thereby causing inconvenience to them etc. If the authorities apprehend that the dealer may indulge In such activities, then by giving cogent reasons it may place the dealer under suspension pending disciplinary enquiry. Therefore, running the risk of repetition, it must be emphasized, though under Rule 8(4) of the Control Order, 2018 the appointing authority has power to suspend the authorization of a dealer pending disciplinary enquiry, however such power shall be exercised with utmost care and circumspection. \ ^ 2020 see Online AP 755 4 JS,J W.P.No.9152 of2025 11. Since the appointing authority acts authority, he must give cogent 3s a quasi judicial reasons specifying the need for placing the dealer under suspension enquiry. The mere cryptic order that the authority reveals a pending disciplinary report of the inspecting prima-facie case against the petitioner of his committing certain irregularities thereby violating the Control Order. 2018 is not sufficient to Justify suspension The suspension order shall not Just signify the subjective of the Officer but it should demonstrate satisfaction compulsive need for not all follies of a dealer, suspension pending enquiry. Therefore, appointing authority must carefully differentiate prima-facie suspension. It should be noted that invariably require his between the enquiry and a only disciplinary enquiry but case for holding disciplinary compulsory case which requires not also suspension pending enquiry. 6- In view of the above discussion, by setting aside the i respondent authorities are at liberty to due procedure of law, without being influenced this order. There shall be no order as to costs. the Writ Petition is disposed of impugned order dated 06.02.2025 The conduct enquiry by following by the observations in As a sequel, miscellaneous petitions pending, if any, shall stand closed. N Sd/- SHAIK MOHD. RAFl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs Food and Civil Supplies Department, State of Andhra Pradesh, Secretariat, Amaravathi.[By Special Messenger] 2. The District Collector, Narasaropet, Palnadu District. 3. The Joint Collector, Narasaraopet, Palnadu District. 4. The Revenue Divisional Officer, Narasaropet, Palnadu District. 5. The Tahasildar, Bollapalli mandal Bollapalli Palnadu District.[2 to 5 by RPAD] 6. One CC to SRI. MARELLA RADHA Advocate [OPUC] 7. TwoCCsto GP FOR CIVIL SUPPLIES Pradesh. [OUT] Mi gh Court Of Andhra 8. Three CD Copies r : 4 ' HIGH COURT \ DATED;08/04/2025 ORDER O 'P WP.No.9152 of 2025 70 '^1 || 2 * SEP 20H . Currenj iiecjion , ml C9/i the writ petition is disposed COSTS OF WITHOUT