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2025 Supreme(AP) 1280

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA, J.
Pasupuleti Padma – Appellant 
Versus
The State of Andhra Pradesh and Others – Respondents
Writ Petition No. 22741 of 2025
Decided On : 01-09-2025

Advocates Appeared:
For the Appellant : K. Joseph

Authorities must provide reasoned orders when suspending a dealer's authorization, ensuring fair consideration of explanations submitted.

Headnote:The writ petition challenges the suspension of the petitioner's authorization as a Fair Price Shop dealer under Article 226 of the Constitution claiming the action was arbitrary and unconstitutional. The court found the explanation was not adequately considered before the suspension, emphasizing that disciplinary decisions must be reasoned and justified. The court allowed the writ petition, set aside the suspension order, and directed the case be remanded for proper evaluation of the petitioner's explanation. The main issue was whether the petitioner’s suspension was justified given the lack of consideration of her explanation. The court held that the decision was procedurally flawed and highlighted the requirement for authorities to provide reasoned orders. It noted inadequacies in addressing the petitioner’s claims against the backdrop of the statutory obligations that must guide such disciplinary actions. Ultimately, the court allowed the writ petition, set aside the suspension order dated 31.07.2025, and remanded the matter for further consideration. The respondents were directed to continue supplying essential commodities during the disciplinary process.

Table of Content
1. factual background regarding the petitioner’s appointment and allegations. (Para 1 , 2)
2. details of procedural actions leading to suspension and implications. (Para 3 , 4 , 5)
3. court’s observations on procedural fairness and requirements for disciplinary actions. (Para 6 , 7 , 8 , 9)
4. judicial conclusions regarding the right to fair procedure and orders of the court. (Para 10 , 11 , 12)

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing Proceedings in RC No.786/2025-C, dated 31.07.2025 placing my authorization on Fair Price Shop No.0750019 in Kuretivaripalem H/o Allavaripalem Village, Cherukupalli Mandal, under interim suspension without considering my detailed explanation dated 22.07.2025, as being illegal, arbitrary, unjust and unconstitutional and consequently to set aside the said order dated 31.07.2025 of the 4th respondent in the interest of justice and to pass…”

2. The petitioner was appointed as a permanent Fair Price Shop Dealer of Shop No.0750019 of Kuretivaripalem, Cherukupalli Mandal, Bapatla District, in the year 2005. The petitioner’s authorization was extended from time to time. The case of the petitioner is also that since the date of appointment she has been distributing the essential commodities without there being any complaint from the cardholders as well as the official respondents.

2.1 While the matter being so, on 10.07.2025 at about 1:00 a.m. the police officials of Cherukupalli Police Station came to the petitioner’s house, knocked the door and has enquired as to whether the rice bags that were placed in front of the petitioner’s house belong to her or not. In reply, the petitioner stated that the rice bags did not belong to her but however has requested the police officials that she would check her stocks available in the fair price shop to prove her innocence. Thereafter, the police officials did not conduct any inspection and left the place taking away the 10 bags which were lying in front of the petitioner’s house in an auto. On 10.07.2025, the petitioner made a representation to the Tahsildar, Cherukupalli, informing the aforesaid events and also stated that somebody has intentionally placed the rice bags in front of her house to implicate her in false cases and requested the Tahsildar to verify the stocks available in her shop. Accordingly, she also submitted a report to the Sub-Inspector of Police on the same day. Thereafter she came to know that the police officials of Cherukupalli Police Station have booked a case against the petitioner under Section 318(4) of BNS and Section 7 of the Essential Commodities Act vide FIR No.89 of 2025 for indulging in diversion of PDS rice into black market.

3. Subsequently, on 14.07.2025, basing on instructions of the Tahsildar, Cherukupalli, the Civil Supplies Deputy Tahsildar, conducted verification of the stocks available in the petitioner’s shop with reference to e-Pos device but did not find any deviation in the stocks. In spite of the same, the inspecting officials with an intention to implicate the petitioner in the above false case have seized the available stocks from the petitioner under the cover of mediatornama. Thereafter, the 4th respondent issued a Show Cause Notice to the petitioner on 17.07.2025, basing on the report submitted by the 6th respondent directing the petitioner to submit her explanation within 7 days from the date of receipt of the said Show Cause Notice, for which the petitioner has submitted her explanation on 22.07.2025 duly explaining the facts that have happened on 10.07.2025.

4. The grievance of the petitioner in the present case is that instead of considering her explanation, the 4th respondent under the pressure of the local political leaders has proceeded to issue the impugned suspension

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