THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.26145 OF 2022
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 declare the inaction of the respondent No.3 in not disposing the appeal filed by the petitioner providing the record by the 5th respondent to prove my case and also non-sending of the record by the 4th respondent to conduct fair trial by the 3rd respondent is as illegal, arbitrary, contrary to the Field Assistant Human Resource Policy and consequently direct the respondent No.3 conduct the trial by providing all relevant material with personal hearing and pass such other orders...."
2. Heard Mr. K. Sreedhar Murthy, learned counsel for the petitioner; Mr.M.S.R.Chandra Murthy, learned Standing Counsel for the respondents 2 to 4 and 6 and Ms. Aparna Lakshmi, learned Standing Counsel for the 5th respondent.
3. Though the petitioner made several allegations against the respondents, during the course of hearing learned counsel for the petitioner requested this Court to issue a direction to the respondents to dispose of the Appeal filed by the petitioner dated 26.03.2022, without touching the merits of the case.
4. Learned counsel for the respondents 2 to 4 and 6 readily agreed to dispose of the Appeal filed by the petitioner dated 26.03.2022, if any pending with the respondent authorities.
5. In view of the submission of learned counsel appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.
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6. 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 be passed for a quick or easy disposal of cases in overburdened adjudicatory institutions but, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the Appeal filed by the petitioner dated 26.03.2022, I find no other alternative except to issue such direction.
7. In the result, Writ Petition is disposed of, directing the 3rd respondent to dispose of the Appeal filed by the petitioner dated 26.03.2022, in accordance with law, within six (06) weeks from the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ DR.K. MANMADHA RAO, J Date: 22.08.2022 KK 1 2019 (8) SCALE 544 3 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.26145 OF 2022 Date: 22.08.2022 KK