Vattipulusu Venkateswara Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 611 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.2698 OF 2021

ORDER:-


         This    writ     petition    is    filed    under    Article    226   of     the

Constitution of India seeking the following relief:

           "......pleased         to    issue    writ,    order   or   direction       more
     particularly one in the nature of Writ of Mandamus declaring the
     action of the respondents in not considering the petitioner's claim

for promotion to the next higher post i.e., Inspector of Police in the Police Department, Government of Andhra Pradesh, orally stating that the disciplinary proceedings are pending against the petitioner, without considering petitioner's representations, including the representation dated 22.12.2020, while promoting the petitioner's juniors as Inspectors of Police, as arbitrary, illegal, contrary to C.C.A Rules, 1991, violative of Articles 14, 16 and 21 of the Constitution of India, violative of guidelines framed in G.O.Ms.No.257, General Administration Ser C Department, dated 10.06.1999 and violative of well settled principles of natural justice, and consequently direct the respondents to consider the petitioner's claim for promotion to the post of Inspector of Police, without reference to the Charge Memo and proceedings consequent therein and to pass....."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri Venkateswarlu Gadipudi, learned

counsel for the petitioner, requested this Court, without touching

the merits of the case, to issue a direction to respondent No.3 to

dispose of the representation, dated 22.12.2020, submitted by the

petitioner keeping in view G.O.Ms.No.257, General Administration

(Ser.C) Department, dated 10.06.1999.

3. Learned Government Pleader for Services-I appearing for the

respondents readily agreed to dispose of the representation of the

petitioner, dated 22.12.2020, if any, pending with the respondent

authorities keeping in view G.O.Ms.No.257, General

Administration (Ser.C) Department, dated 10.06.1999.

4. In view of the submission 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 case of 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 in overburdened adjudicatory institutions. But,

they do no service to the cause of justice. As the learned counsel

for the petitioner himself requested to issue a direction to

respondent No.3 to dispose of the representation, dated

22.12.2020, submitted by the petitioner, I find no other alternative

except to issue such direction.

5. In the result, the Writ Petition is disposed of, directing

respondent No.3 to dispose of the representation submitted by the

petitioner on 22.12.2020, keeping in view G.O.Ms.No.257, General

Administration (Ser.C) Department, dated 10.06.1999, within a

period of four (4) weeks from today. There shall be no order as to

costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 4.2.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.2698 OF 2021

Date : 04.02.2021

AMD