Andhra Pradesh High Court - Amravati
V.Venkateswara Rao, vs The State Of Andhra Pradesh on 22 January, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1553 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
Deputy Executive Engineer (DyEE) in R & B Department on
account of pendency of disciplinary proceedings vide
G.O.Rt.No.298 Transport Roads and Buildings (VIG R & B)
Department dated 23.08.2017 Charge Memo pertains 2016
issued by the 1st respondent as illegal arbitrary discriminatory
and violation of principles of natural justice 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 23.08.2017 in terms of similar
orders passed in W.P.No.17546 of 2019 dated 27.01.2020
pertains to R & B Department and implemented 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 20.12.2020, without touching the merits of the case.
Learned Government Pleader for Services-I appearing for
respondents readily agreed to dispose of the representation dated
20.12.2020 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
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
20.12.2020 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 20.12.2020, 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
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.1553 OF 2021
Date: 22.01.2021
Note: Issue CC by 25.01.2021
(B/o)
IS
