Andhra Pradesh High Court - Amravati
G.V.S.Kiran Kumar vs The State Of Andhra Pradesh on 20 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.1341 OF 2021
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 and declare the action of the
respondents in not promoting the petitioner to the post of
Dy.Engineer Engineer (DyEE) in R & B Department, on account of
pendency of disciplinary proceedings vide G.O.Rt.No.379, Transport
Roads & Buildings (VIG.R&B) Department, dated 17.8.2018, Charge
Memo (pertains 2012-13 & 2013-14) issued by the 1st respondent as
illegal and arbitrary and violation of principles of natural justice,
consequently direct the respondents to consider the case of the
petitioner for promotion to the post of Dy.E.E without reference to
the disciplinary proceedings dated 17.8.2018, against the same
charges another employees filed W.P.NO.17546 of 2019 and
W.P.17553/2019, dated 27.1.2020, and the same orders were
implemented by the respondents herein and pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Ramalingeswara Rao
Kocherlakota, learned counsel for the petitioner, requested this
Court, without touching the merits of the case, to issue a direction
to respondent No.2 to dispose of the representation submitted by
the petitioner on 11.1.2021.
3. Learned Government Pleader for Services-II appearing for the
respondents readily agreed to dispose of the representation of the
petitioner dated 11.1.2021, if any, pending with the respondent
authorities.
4. In view of the submission of the learned Government Pleader
for Services-II, 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 dispose
of the representation, dated 11.1.2021, 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.2 to dispose of the representation submitted by the
petitioner on 11.1.2021, in accordance with law, within a period of
one month 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 : 20.1.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.1341 OF 2021
Date : 20.01.2021
AMD
