N.A.Daniel vs The State Of Andhra Pradesh
2021 Latest Caselaw 1607 AP

   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION NO.3251 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 Certiorarified Mandamus

a) to Quash the impugned G.O.Rt.No.745 dated 01.08.2015 issued by the 1st respondent upon the Petitioner, whereby imposed a major penalty of withholding of pensionary benefits including gratuity, commutation etc., with cumulative effect basing on the inquiry report dated 07.03.2018 submitted by the Inquiry Officer, as the same is without any jurisdiction of authority of power, without following procedure contemplated under the provisions of A.P. Civil Service (Conduct, Classification and Appeal) Rules 1991, especially under Sub Rle 2(i) of Rule 14 of A.P. Civil Service (Conduct, Classification and Appeal) Rules 1991 is illegal, arbitrary and violative of Articles 14 of Constitution of India, apart from being violative of principles of natural justice;

b) to declare the inquiry report dated 07.03.2018 submitted by the inquiry officer in so far as the Articles of Charges I are concerned to be illegal and arbitrary as the same arrived at without any evidence whatsoever; and

c) to direct the Respondents to grant full pension benefits in terms of Andhra Pradesh Revised Pension Rules, 1980 and other terminal benefits in terms of G.O.Rt.No.1097 Finance and Planning (FW. Pension-I) Department, dated 22.06.2000.

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 17.11.2020, without touching the merits of the case.

Learned Government Pleader for Services-II appearing for

respondents readily agreed to dispose of the representation dated

17.11.2020 submitted by the petitioner, if any, pending with the

respondent-authorities.

In view of the learned Government Pleader for Services-III,

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

17.11.2020 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 17.11.2020, in accordance with law, within four

(04) weeks from the date of receipt of a copy of this order. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 19.03.2021

IS

2019 (8) SCALE 544

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.3251 OF 2021

Date: 19.03.2021

IS