K. Sadasiva, vs The State Of A.P.
2021 Latest Caselaw 139 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.893 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

"to issue a writ in the nature of Mandamus or any other appropriate writ order or direction by declaring the action of the 1st respondent in not considering and passing orders on the representation dated 26.06.2019 submitted by the petitioner against the proceedings of the 2nd respondent dated 25.03.2019 (received by the petitioner on 28.03.2019), whereunder a major punishment with holding of one Annual Grade Increments with cumulative effect besides recovery, was imposed against the petitioner, as illegal, arbitrary and unconstitutional being violative of Articles 14 & 16 of Constitution of India and consequently direct the 1st respondent to consider and pass orders on the Appeal dated 26.06.2019 submitted by the petitioner against the proceedings of the 2nd respondent bearing No.2273/E3/2007 dated 25.03.2019 by considering the case of the petitioner for promotion as Superintendent."

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

issue a direction to the respondents to dispose of the appeal of this

petitioner dated 26.06.2019.

Learned Assistant Government Pleader for Services-III readily

agreed to dispose of the appeal of this petitioner dated 26.06.2019, if

any pending with the authorities.

In view of the submission of the learned Assistant Government

Pleader for Services-III, 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

2019 (8) SCALE 544 MSM,J WP_893_2021

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 dispose of the

appeal of this petitioner dated 26.06.2019, I find no other alternative

except to issue such direction.

In the result, the writ petition is disposed of, directing the

respondents to dispose of the appeal of this petitioner dated

26.06.2019, in accordance with law, within three (03) months from

today. No costs.

Consequently miscellaneous petitions pending, if any, shall

also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 18.01.2021

SP