THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.32195 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 declaring the action of the Respondents No.2 in not taking any action pursuant to the Show Cause Memo in R.C.No.108/2020/C dated 25.01.2020 and the Explanation submitted by the Petitioner dated 10.02.2020 as arbitrary, illegal, unjust, violative of Rule 8(2), 8(2)(a) and Rule 8(5) 8(5)(a) of the A.P.C.S (CCA) Rules 1991 and also violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to forthwith reinstate petitioner into service with all consequential and attendant benefits and pass such other orders...."
2. Though the petitioner made several allegations against the respondents, during the course of hearing learned counsel for the petitioners requested this Court to issue a direction to the respondents to consider the explanation submitted by the petitioner dated 10.02.2020 against the Show-cause Memo in R.C.No.108/2020/C, dated 25.01.2020, without touching the merits of the case.
3. Mr. E.V.Jagannada Rao, learned Standing Counsel for the respondents readily agreed to consider the explanation submitted by the petitioner dated 10.02.2020 against the Show-cause Memo 2 in R.C.No.108/2020/C, dated 25.01.2020, if any pending with the respondent authorities.
4. In view of the submission of learned Standing Counsel appearing for respondents, I need not decide the truth or otherwise of the allegations made in the petition.
5. 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 consider the explanation submitted by the petitioner dated 10.02.2020 against the Show- cause Memo in R.C.No.108/2020/C, dated 25.01.2020, I find no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the 2nd respondent to consider the explanation submitted by the petitioner dated 10.02.2020 against the Show-Cause Memo in R.C.No.108/2020/C, dated 25.01.2020 and appropriate orders in accordance with law, within six (06) weeks from the date of receipt of a copy of this order. No costs.
1 2019 (8) SCALE 544 3 As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ DR.K. MANMADHA RAO, J Date: 30.09.2022 KK 4 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.32195 OF 2022 Date: 30.09.2022 KK