Citation : 2021 Latest Caselaw 950 AP
Judgement Date : 18 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3964 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:-
st "......to issue a writ of Mandamus, to declare the action of the 1
respondent in issuing charge memo vide G.O.Rt.No.1162, dated
09.11.2017, Revenue Vigilance-IV Department, as illegal, arbitrary,
discriminatory and violative of principles of natural justice and APCS
Conduct Rules, 1991 by setting aside the same and consequently direct the
respondents to promote the petitioner to the post of Stores Officer as per
the panel year 2018-19 as was done in the case of the petitioner in
W.P.No.30900/2018, dated 29.02.2020 with all consequential benefits and
pass such other reliefs."
2. Though the petitioner made several allegations against the
respondents, during hearing, M/s. K.Swarna Seshu, learned counsel
for the petitioner limited his request to dispose of the representation
dated 26.10.2019 submitted by the petitioner, without touching the
merits of the case.
3. Learned Government Pleader for Prohibition & Excise
appearing for the respondents readily agreed to dispose of the
representation dated 26.10.2019 submitted by the petitioner, if any,
pending with the respondent-authorities.
4. Recording the submissions made by the learned Government
Pleader for Prohibition & Excise, 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 26.10.2019 submitted by the
petitioner, I find no other alternative, except to issue such direction.
At the end the counsel for the petitioner submitted the
representation dated 26.10.2019 is for different purpose, while
seeking leave of this Court to submit a representation for appropriate
relief and direct the 2nd respondent to dispose of such representation
within four (04) weeks.
5. In view of specific request, the petitioner is permitted to give
appropriate representation to the 2nd respondent, on receipt of such
representation the 2nd respondent is directed to dispose of the
representation, within four (04) weeks thereafter.
6. With the above direction, this Writ Petition is disposed of.
No costs.
As a sequel, miscellaneous applications, pending, if any, shall
also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 18.02.2021
IS
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.3964 OF 2021
Date: 18.02.2021
IS
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