whether the tahsildar has got power to suspend the fair price shop dealer ?=the appointing authority for a fair price shop dealer is the Revenue Divisional Officer or the Sub-Collector concerned. It is the appointing authority, who can exercise the power of suspending the authorization, but not the agency, which is subordinate to the appointing authority for the fair price shop dealer. Therefore, it is contended that the Tahsildar, Narayankhed Mandal has no power to suspend the authorization of the fair price shop of the petitioner.=as per the definition of expression “disciplinary authority”, the Tahsildars in certain areas do fall within that expression. Therefore, the Tahsildar, Narayankhed Mandal of Medak District is legitimately entitled to exercise the power of disciplinary authority. Under Clause (20) of the Order mentioned supra, an appeal would lie to the appellate authority. It is therefore appropriate that the writ petitioner should approach the appellate authority, as certain disputes, which are essentially and intricately involved in determination of facts, are involved in the present case.

THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.1325 of 2012 ORDER: This writ petition is preferred by a fair price shop dealer of Anantasagar Village of Narayankhed Mandal of Medak District challenging the validity of the orders passed on 17.12.2011 by the Tahsildar, Narayankhed Mandal suspending the authorization of the fair price shop of the petitioner for a period of three months with immediate effect, based upon a report that the fair price shop dealer has committed certain grave irregularities. Learned counsel for the petitioner has pointed out that the appointing authority for a fair price shop dealer is the Revenue Divisional Officer or the Sub-Collector concerned. It is the appointing authority, who can exercise the power of suspending the authorization, but not the agency, which is subordinate to the appointing authority for the fair price shop dealer. Therefore, it is contended that the Tahsildar, Narayankhed Mandal has no power to suspend the authorization of the fair price shop of the petitioner. Per contra, learned Government Pleader has pointed out that the expression “disciplinary authority” has been defined in Clause 2(x) of the A.P. State Public Distribution System (Control) Order, 2008 and as per the said definition, the Tahsildars in certain areas are included within the expression “disciplinary authority” and as per the second proviso to Clause 5(7) of the same Order, the Assistant Supply Officer or the Tahsildar concerned can also exercise the power of suspending the authorization of an erring fair price shop dealer and tagging on the cards of the closed fair price shop to the nearest fair price shop, pending final action by the appointing authority for a period of 90 days. Therefore, the learned Government Pleader would submit that the Tahsildar, Narayankhed Mandal is entitled to place the authorization of the fair price shop of the writ petitioner under suspension for a period of 90 days and the said period having not expired as yet, the petitioner cannot seek to challenge the same in this writ petition, inasmuch as an appeal is provided for under Clause (20) of the said Order and without exhausting such an effective alternative remedy, this writ petition should not be entertained. Learned Government Pleader is right in his submission that as per the definition of expression “disciplinary authority”, the Tahsildars in certain areas do fall within that expression. Therefore, the Tahsildar, Narayankhed Mandal of Medak District is legitimately entitled to exercise the power of disciplinary authority. Under Clause (20) of the Order mentioned supra, an appeal would lie to the appellate authority. It is therefore appropriate that the writ petitioner should approach the appellate authority, as certain disputes, which are essentially and intricately involved in determination of facts, are involved in the present case. Therefore, leaving it open to the writ petitioner to agitate the validity and correctness of the orders passed by the Tahsildar, Narayankhed Mandal of Medak District before the appellate authority, this writ petition is disposed of at the admission stage. No costs. ________________________ (NOOTY RAMAMOHANA RAO, J) Dated: 23.01.2012 JSU