M. Wilson Raja Babu, vs Chairman And Managing Director,
2021 Latest Caselaw 1408 AP

       THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                         WRIT PETITION NO.5342 OF 2021
ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"....to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deciding the appeal filed by the petitioner dated 15.09.2020 through proper channel against the order passed by the 1st respondent vide his Memo.No.CMD/CGM/HRD/JS/GM/HR-II/DGM-(DC-I)/PO(DC- I)F.443-VJA-E.S/D.No.289/20, dated 10.02.2020 thereby awarded punishment of 20% Pension cut for a period of 3 years as illegal, irregular, irrational, non-discharge of legal obligation conferred on them and offends Articles 14 and 21 of Constitution of India and consequently direct to set aside the punishment imposed by the 1st respondent vide his Memo.No.CMD/CGM/HRD/JS/GM/HR-II/DGM- (DC-I)/PO(DC-I)F.443-VJA-E.S/D.No.289/20, dated 10.02.2020 and pass such other order or orders."

2. Though the petitioner made several allegations against the

respondents, during hearing, Sri N.Srihari, learned counsel for the

petitioner limited his request to dispose of the appeal filed by the

petitioner dated 15.09.2020, without touching the merits of the case.

3. Sri Y.Nagi Reddy, learned Standing Counsel for APSEB

appearing for respondents readily agreed to dispose of the appeal

filed by the petitioner, if any, pending with the respondent-

authorities.

4. In view of the learned Standing Counsel for APSEB, 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

2019 (8) SCALE 544

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 appeal dated 15.09.2020 filed 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

respondent authorities to dispose of the appeal filed by the

petitioner, dated 15.09.2020, in accordance with law, within four

(04) weeks from today. No costs.

As a sequel miscellaneous applications, pending, if any, shall

also stand closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 05.03.2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.5342 OF 2021

Date: 05.03.2021

IS