IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
Cherukuri Srinivas Rao – Appellant
Vs.
The State of A.P. and Ors. – Respondent
Writ Petition No. 34825 of 2014
Decided On: 20.11.2014
Employment and service – Fair price – Unwillingness - Terminated and no vacancy arises - Petitioner who is permanent fair price shop dealer of Shop Village and Post Mandal District filed this Writ Petition with grievance that respondent have not been permitting him to function as fair price shop dealer by allowing his purported resignation to be withdrawn - Petitioner has stated that he is years of age and having been appointed as fair price shop dealer is functioning as without any complaint - Case would remain that petitioner is a permanent fair price shop dealer - Petitioner has specifically pleaded that respondent has forcibly made him to address a letter to respondent expressing his unwillingness to continue as fair price shop dealer purportedly on the ground of his ill health and that in reality did not have any intention to discontinue as fair price shop dealer – Held, As regards allegation made by petitioner that respondent has forced him to address a letter of resignation this Court has come across several similar complaints against respondent - District Collector District is, therefore directed to hold a thorough and impartial enquiry into conduct of respondent shall give a notice to petitioner and personally record his statement - If finds any truth in allegations of petitioner shall initiate appropriate disciplinary proceedings against respondent shall complete this exercise within two months from date of receipt of a copy of this order - Petitioner is not pressing his purported letter of resignation there can be no impediment for his continuance as permanent fair price shop dealer - Petition allowed (Para 8)
C.V. Nagarjuna Reddy, J.
1. The petitioner, who is the permanent fair price shop dealer of Shop No. 6 of Kallampalli Village and Post, Marripudi Mandal, Prakasam District, filed this Writ Petition with the grievance that respondent Nos. 2 to 4 have not been permitting him to function as fair price shop dealer by allowing his purported resignation to be withdrawn.
2. In his affidavit, the petitioner has stated that he is 37 years of age and having been appointed as fair price shop dealer, he is functioning as such without any complaint. He has alleged that in the end of July, 2014, respondent No. 5 has visited his fair price shop and forced him to proceed on leave from July, 2014 on health grounds by obtaining his signature on a letter. It is further alleged that respondent No. 5 has assured the petitioner that as there is a change in Government, the influential persons will be accommodated for a period of 3 to 4 months as dealers and that thereafter, the petitioner can resume his functions as fair price shop dealer. As the petitioner's fair price shop dealership has not been restored, he made representations, dated 21.10.2014, to the District Collector, Prakasam District and respondent No. 2, with a request to restore his fair price shop authorization. As the petitioner has not received any response from either of these two functionaries, he filed this Writ Petition.
3. On 18.11.2014, this Court has adjourned the case to enable the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) to produce the record. The record is, accordingly, placed before the Court at the hearing.
4. I have carefully perused the record. The record contains a purported letter addressed in the name of the petitioner to respondent No. 2, wherein it is stated that he is functioning as fair price shop dealer for the last 10 years without any complaint; that as his health condition is not good, he is unable to run the fair price shop; and that therefore, the fair price shop may be allotted to any one else. An endorsement was made by respondent No. 4 on the said letter on 16.07.2014 to the effect that the same shall be sent to respondent No. 3. Subsequently, respondent No. 4 has addressed letter, vide his proceedings in Rc/B/288/2014, dated 21.07.2014, to respondent No. 3, wherein he has informed the latter that one Smt Rupineni Sravani, W/o Koppolu Venkateswarlu, has approached him by stating that the fair price shop of Kallampalli Village has become vacant with the resignation of the petitioner; that she has passed Xth Class; that she belongs to Kamma Community; that she is a member of Chennakesava Mahila Group; and that therefore, she may be considered for appointment as fair price shop dealer of Kallampalli Village. Respondent No. 4 has, accordingly, informed respondent No. 3 that as no other person has shown interest in the fair price shop dealership of the said Village, the said Rupineni Sravani may be appointed as temporary fair price shop dealer. On receipt of this letter, respondent No. 3 has issued proceedings in D.Dis.F/2732/2014, dated 23.07.2014, appointing the said Rupineni Sravani as temporary fair price shop dealer of Kallampalli Village from 23.07.2014 to 23.09.2014. The record does not show that respondent No. 3 has passed any further order extending the appointment of the said Rupineni Sravani as a temporary fair price shop dealer beyond 23.09.2014.
5. The undisputed fact of the case would remain that the petitioner is a permanent fair price shop dealer. The petitioner has specifically pleaded that respondent No. 5 has forcibly made him to address a letter to respondent No. 3 expressing his unwillingness to continue as fair price shop dealer purportedly on the ground of his ill health and that in reality, he did not have any intention to discontinue as fair price shop dealer.
6. As this aspect needs to be enquired into separately, I am not inclined to delve into the same for the present purpose. The fact, however, remai
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