K. Pavan Kumar vs State Of Andhra Pradesh
2021 Latest Caselaw 764 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION NO.3272 OF 2021

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"......to issue a writ of Mandamus, declaring the proceedings in

D.O.No.3/2014 (C.No.B3/HGs/2943/31/2013), dated 01.02.2014 passed by

the Superintendent of Police, Chittoor removing the petitioner from the

service of Home Guard as arbitrary, illegal and violative of principles of

natural justice and set aside the same and consequently direct the

respondents to re-enlist the petitioner as Home Guard forthwith and grant

him all consequential benefits that will accrue on that basis as if he is not

removed at any time including the honorarium etc., for which he is entitled

on that basis within a specified time and pass such other order ."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri K.Srinivasa Prasad, learned counsel

for the petitioner limited his request to dispose of the representation

dated 07.09.2019 submitted by the petitioner, without touching the

merits of the case.

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

respondents readily agreed to dispose of the representation dated

07.09.2019 submitted by the petitioner, if any, pending with the

respondent-authorities.

4. Recording the submissions made by 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 in overburdened adjudicatory institutions. But, they do not

service to the cause of justice. As the learned counsel for the

petitioners himself requested to issue a direction to dispose of the

representation dated 07.09.2019 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 the

respondent authorities to dispose of the representation submitted by

the petitioner 07.09.2019, in accordance with law, within a month

from today. No costs.

As a sequel miscellaneous application, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 11.02.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.3272 OF 2021

Date: 11.02.2021

IS