Yatham Guru Prasad vs The State Of Andhra Pradesh
2021 Latest Caselaw 314 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.1607 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 Regular Deputy Executive Engineer (DyEE) in R & B Department on account of pendency of disciplinary proceedings vide G.O.Rt.No.386 Transport Roads and Buildings (VIG R & B) Department dated 17.08.2018 Charge Memo (pertains 2012-13 and 2013-14) issued by the 1st respondent as illegal and arbitrary and violative of principles of natural justice and discrimination consequently direct the respondents to consider the case of the petitioner for promotion to the post of DyEE without reference to the disciplinary Proceedings dated 17.08.2018 against the same charges other employees filed W.P.NO.17546 of 2019, W.P.No.17553 of 2019 dated 27.01.2020 and the same orders were implemented by the respondents herein and pass such other order."

Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

limited his request to dispose of the representation made by the

petitioner on 05.01.2021, without touching the merits of the case.

Learned Government Pleader for Services-I appearing for

respondents readily agreed to dispose of the representation dated

05.01.2021 submitted by the petitioner, if any, pending with the

respondent-authorities.

In view 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

Government of India v. P.Venkatesh1", wherein the Apex Court

held that such orders may make for a quick or easy disposal of cases

2019 (8) SCALE 544

in overburdened adjudicatory institutions. But, they do not 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

05.01.2021 submitted by the petitioner, I find no other alternative,

except to issue such direction.

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

respondent authorities to dispose of the representation submitted by

the petitioner dated 05.01.2021, in accordance with law, within a

month from today. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 22.01.2021

Note: Issue CC by 25.01.2021

(B/o)

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.1607 OF 2021

Date: 22.01.2021

Note: Issue CC by 25.01.2021

(B/o)

IS