Disciplinary proceedings against a Fair Price Shop dealer require an independent report pursuant to Clause 20(i) of the Control Order, 2018, and must adhere to principles of natural justice, including fair opportunity for cross-examination and disclosure of reliance material.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the action of the 2nd respondent in passing orders in D Dis SR.No.13/2020 S5 dated 15.03.2021 in confirming the orders of the 3rd respondent in SR.No 104/2019 S5 dated 28.12.2019 as illegal, arbitrary and consequently direct the respondents to supply the essential commodities to the petitioners fair price shop No. 0126001, Karajada Village by restoring the authorization of the petitioner's fair price shop and pass such order or other orders as the Hon ble Court feels deem fit and proper in the facts and circumstances of the case.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2nd respondent to restore the authorization of the petitioner's fair price shop no.0126001, Karajada Village, pending disposal of the writ petition and pass such order or other orders as this Hon'ble court deems fit and proper.

IA NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the 2nd respondent in SR.No.13/2020 85 dated 15.03.2021 issued by the 2nd respondent confirming the orders passed by the 3rd respondent in SR No.104/2019 SS dated 28.12.2019 and pass such order or other orders as this Hon'ble court deems fit and proper.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the orders passed in W.P.No. 9468/2021 dated: 07.05.2021 and dismiss the writ petition in the interest of justice and to

Counsel for the Petitioner:

1.M. SAPTHAGIRI

Counsel for the Respondent(S):

1.GP FOR CIVIL SUPPLIES

The Court made the following:

ORDER:

Assailing the orders of the 2nd respondent vide proceedings D.Dis.SR.No.13/2020 S5 dated 15.03.2021 confirming the orders of the 3rd respondent in SR.No.104/2019 S5 dated 28.12.2019 cancelling the petitioner’s authorization, the present Writ Petition is filed.

2. The case of the petitioner herein is that the petitioner has been appointed as a permanent fair price shop dealer for fair price shop No.0126001, Karajada Village, in the year 2003 and ever since, he was distributing essential commodities to the utmost satisfaction of the cardholders and the officials. While so, on 11.09.2019, Additional Civil Supply Officer, Deputy Tahsildar, Village Revenue Officer and Village Revenue Assistant inspected the said shop in the presence of mediators and found variations, accordingly, basing on the report of the 4th respondent-Tahsildar, the 3rd respondent initiated disciplinary enquiry for cancellation of the petitioner’s authorization and issued show cause notice dated 21.09.2019 framing charges. On 21.09.2019, petitioner’s authorization was suspended, pending enquiry. Assailing the same, writ petition vide W.P.No.14870 of 2019 has been filed and this Court granted interim suspension of the said proceedings dated 21.09.2019.

It is his further case that the 3rd respondent surprisingly passed the cancellation orders vide SR.No.104/2019 S5 dated 28.12.2019. Questioning the same, the petitioner preferred W.P.No.2112 of 2020 and the same was disposed of on 31.01.2020 without going into the merits of the case giving liberty to the petitioner to avail alternative remedy of appeal. Pursuant to the same, the petitioner preferred