APHC010096552025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE 3459 PRESENT THE HON'BLE SMT. JUSTICE JAGADAM SUMATHI WRIT PETITION No.5008 OF 2025 Between: K. Sreenivasulu --- Petitioner and State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Guntur District and 3 others --- Respondents Counsel for the petitioner : Sri M.M.M. Srinivasa Rao Counsel for the respondents : Learned Government Pleader for Civil Supplies The Court made the following ORDER: The Writ Petition is filed by the petitioner seeking to issue a Writ of Mandamus by declaring the impugned order in Rc.No.CS/196/2025, dated 13.02.2025, issued by the 3rd respondent, suspending his authorization of Fair Price Shop No.1334026, Udumalpuram Village, Nandyal Urban Mandal and District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public JS, J WP No.5008/2025 2 Distribution System (Control) Order, 2018 (for short, „the Control Order, 2018‟) is illegal, arbitrary, mala fide and contrary to the provisions of Control Order, 2018 and also in violation of the principles of natural justice and consequently set-aside the impugned order by directing the respondents to continue the petitioner as Fair Price Shop Dealer. 2. Brief facts of the case: The petitioner is about 70 years old and is a permanent dealer for Fair Price Shop No.1334026 in Udumalpuram Village, Nandyal Urban Mandal and Nandyal District. He has been operating the shop for the last 43 years. His authorization is valid until 31.03.2025. 3. On 17.01.2025, the Deputy Tahsildar of Nandyal and the VRO from Udumalpuram inspected the shop, found stock discrepancies, and submitted a report. The 3rd respondent issued a show-cause notice on 30.01.2025 with vague charges, directing the petitioner to submit his explanation within 7 days. The petitioner submitted his explanation on 05.02.2025 stating that the Civil Supplies Authorities supplied less rice from the MLS Point. However, ignoring this, the 3rd respondent suspended the petitioner‟s Fair Price Shop JS, J WP No.5008/2025 3 dealership. Aggrieved by the order of suspension, the petitioner filed this Writ Petition. 4. Heard the arguments of learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing on behalf of the respondents. 5. The 3rd respondent issued a show-cause notice stating that the petitioner violated the provisions of clauses 29(a), 12(n), and 8(14), as well as those of Form-II (sub-clause 8) and clause 6 of the Control Order, 2018. In the explanation to Charge No.1, the petitioner noted a shortage of 246 KGs of PDS rice in December from the Civil Supplies Godown. Regarding his explanation for the 2nd charge, the petitioner asserted that he has always displayed the stock board. With respect to his explanation for the 3rd charge, he confirmed that he has been operating the shop according to the timings stipulated by the Government since 1983. Finally, concerning his explanation for the 4th and last charge, he stated that he is maintaining all the up to date records relating to his shop and has readily shown them to the inspecting officials. JS, J WP No.5008/2025 4 6. Despite inquiring into the explanation and statement submitted by the petitioner, the 3rd respondent issued a one-line order suspending the petitioner‟s Fair Price Shop authorization, which violates the principles of natural justice. In K. Prabhavathi v. State of A.P., represented by its Principal Secretary and others1, at Para No. 11, it was held as follows: “11. Since the appointing authority acts as a quasi judicial authority, he must give cogent reasons specifying the need for placing the dealer under suspension pending disciplinary enquiry. The mere cryptic order that the report of the inspecting authority reveals a prima-facie case against the petitioner of his committing certain irregularities and thereby violating the Control Order, 2018 is not sufficient to justify suspension. The suspension order shall not just signify the subjective satisfaction of the Officer but it should demonstrate compulsive need for suspension. It should be noted that not all follies of a dealer, invariably require his suspension pending enquiry. Therefore, appointing authority must carefully differentiate between the prima-facie case for holding disciplinary enquiry and a compulsory case which requires not only disciplinary enquiry but also suspension pending enquiry.” 1 2020 SCC OnLine AP 755 JS, J WP No.5008/2025 5 7. On the other hand, the learned Government Pleader for Civil Supplies, appearing on behalf of the respondents, contends that the impugned proceedings were issued regarding the stock variation. The petitioner was operating the Fair Price Shop without displaying the stock board, failing to maintain the records, and not opening the shop at the stipulated times. Based on the report submitted by the Tahsildar, the 4th respondent, the order of suspension was issued by the 3rd respondent solely to prevent further irregularities that the petitioner could commit in the future. 8. After the petitioner submits his explanation in response to the show cause notice, the respondents must evaluate it thoroughly and issue a reasoned order to justify their actions. However, the respondents cannot dismiss the explanation with a one-line order without acknowledging it, as it violates the principle of natural justice. 9. Having considered the rival contentions, the Writ Petition is allowed by setting aside the impugned proceedings, dated 13.02.2025, issued by the 3rd respondent, by directing the respondents to reconsider the explanation submitted by the JS, J WP No.5008/2025 6 petitioner on 05.02.2025 and pass a reasoned order within a period of six (6) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM Date:04.03.2025 DSH