THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1607 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus and declare the action of the respondents in not promoting the petitioner to the post of Regular Deputy Executive Engineer (DyEE) in R & B Department on account of pendency of disciplinary proceedings vide G.O.Rt.No.386 Transport Roads and Buildings (VIG R & B) Department dated 17.08.2018 Charge Memo (pertains 2012-13 and 2013-14) issued by the 1st respondent as illegal and arbitrary and violative of principles of natural justice and discrimination consequently direct the respondents to consider the case of the petitioner for promotion to the post of DyEE without reference to the disciplinary Proceedings dated 17.08.2018 against the same charges other employees filed W.P.NO.17546 of 2019, W.P.No.17553 of 2019 dated 27.01.2020 and the same orders were implemented by the respondents herein and pass such other order."
Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner limited his request to dispose of the representation made by the petitioner on 05.01.2021, without touching the merits of the case.
Learned Government Pleader for Services-I appearing for respondents readily agreed to dispose of the representation dated 05.01.2021 submitted by the petitioner, if any, pending with the respondent-authorities.
In view of the learned Government Pleader for Services-I, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in "The Government of India v. P.Venkatesh1", wherein the Apex Court held that such orders may make for a quick or easy disposal of cases 1 2019 (8) SCALE 544 2 in overburdened adjudicatory institutions. But, they do not service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 05.01.2021 submitted by the petitioner, I find no other alternative, except to issue such direction.
In the result, the Writ Petition is disposed of, directing the respondent authorities to dispose of the representation submitted by the petitioner dated 05.01.2021, in accordance with law, within a month from today. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 22.01.2021 Note: Issue CC by 25.01.2021 (B/o) IS 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.1607 OF 2021 Date: 22.01.2021 Note: Issue CC by 25.01.2021 (B/o) IS