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B. S. BHANUMATHI
K. Naga Bhuvaneswari – Appellant
Versus
State Of A. P. – Respondent
ORDER :
This writ petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus declaring the action of the 4th respondent in cancelling the authorization of the petitioner vide proceedings in Rc.No.5995/2015-L, dated 18.07.2016 as confirmed by the 3rd respondent in A.C.D.Dis No.22/2016-S7 dated 17.06.2017 and the orders of the second respondent in Revision Case No.2/2017-S7, dated 25.04.2018 is arbitrary, illegal, contrary to law and to pass such other orders.
2. The facts led to filing of the petition are as follows:
The petitioner was appointed as fair price shop dealer of Shop No.29, Dammalapadu village, Muppalla Mandal, Guntur District and since the date of appointment, she distributed the essential commodities regularly. On 11.06.2015, the shop of the petitioner was inspected and the authorities stated that the following variations were found in the stock.
| Sl. No . | Commoddity | O.B. | Receipts | Total | Salts | Book Balance | Ground Stock s | Variations | Variation percentage |
| 1 | PDS Rice | 0.15 | 44.70 | 44.85 | 43.65 | 1.20 | 1.00 | (1) 0.20 |
|
| 2 | AAY Rice | -- | 7.70 | 7.70 | 7.70 | -- | -- | NIL |
|
|
| Total | 0.15 |
| ||||||
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
The cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
Appointing authority may, at any time in public interest or suo-moto or on receipt of complaint, after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, suspen....
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
The disciplinary authority must conduct a fair enquiry and consider the dealer's explanation before suspending authorization, in compliance with the relevant provisions of the Control Order, 2018.
The cancellation of authorization of a fair price shop dealer without following due process of law is unsustainable. The authority must adhere to the fundamental ingredients of an enquiry, including ....
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