Vempalli Mahaboob Basha vs The State Of Andhra Pradesh
2021 Latest Caselaw 97 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.424 OF 2021

ORDER:-


      This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:

            "......pleased to issue appropriate writ, order or direction,
     particularly a Writ of Mandamus declaring the action on part of
     the respondents in not considering the representation of the

petitioner dt.24.9.2019 for promotion to the post of Assistant Sub Inspector of Police on the ground of criminal cases, while considering the claims of the juniors for promotion as Assistant Sub Inspector of Police as illegal, irregular, arbitrary, contrary to the rule, unconstitutional and unjust besides violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to consider the claim of the petitioner for promotion as Assistant Sub Inspector of Police under his representation dt.24.9.2019 without reference to the criminal cases and pass......"

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri G.Ramachandra Reddy, 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 representation submitted by the petitioner on 24.9.2019.

3. Learned Government Pleader for Home appearing for the

respondents readily agreed to dispose of the representation of the

petitioner, dated 24.9.2019, if any, pending with the respondent

authorities.

4. In view of the submission of the learned Government Pleader, 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

24.9.2019, 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 the

respondents to dispose of the representation submitted by the

petitioner on 24.9.2019, 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 : 7.1.2021 AMD

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.424 OF 2021

Date : 07.01.2021

AMD