Heard Learned Counsel For The vs Kunisetty Satyanarayana1. It Is ...
2021 Latest Caselaw 4648 AP

        THE HON'BLE SRI JUSTICE NINALA JAYASURYA

               WRIT PETITION No.13600 OF 2021
ORDER:

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Services-III appearing for the

respondents.

2. The writ petition is filed seeking to declare the action of

the 2nd respondent in issuing proceedings in Rc.No.34-

A2/2021, dated 08.6.2021 against the petitioner as illegal,

arbitrary and violative of Articles 14 and 21 of the Constitution

of India and for a consequential direction to set aside the same.

3. Learned counsel for the petitioner, while reiterating the

contentions raised in the writ petition, submits that the

issuance of the proceedings dated 08.6.2021 impugned in the

writ petition is not justified in the facts and circumstances of

the case, as the petitioner has not violated any procedure in

appointing sixteen (16) volunteers.

4. A perusal of the proceedings impugned in the writ

petition would show that the petitioner was called upon to

submit written statement of his defence to the Articles of

Charges framed against him. Admittedly, pursuant to the said

proceedings dated 08.6.2021, the petitioner submitted his

explanation on 22.6.2021 to the 2nd respondent. The

petitioner, instead of awaiting appropriate orders on the reply

submitted by him, filed the present writ petition.

5. Learned Assistant Government Pleader submits that the

writ petition itself is not maintainable in the light of the

judgment of the Hon'ble Supreme Court in Union of India vs.

Kunisetty Satyanarayana1. It is settled law that against the

issuance of show cause notice or charge memo, no writ petition

is maintainable.

6. However, since the petitioner has already submitted his

explanation to the action proposed vide Proceedings dated

08.6.2021, which is impugned in the writ petition, this Court,

without going into merits or otherwise of the case, deems it

appropriate to dispose of the matter with a direction to the 2nd

respondent.

7. Accordingly, the writ petition is disposed of, directing the

2nd respondent to take appropriate action on the explanation

submitted by the petitioner and pass orders thereon, after

affording reasonable opportunity to the petitioner, within a

period of six weeks from the date of receipt of a copy of this

order. There shall be no order as to costs. The miscellaneous

applications, if any pending, shall stand closed.

_________________________ NINALA JAYASURYA, J November 15, 2021.

vasu

1 (2006) 12 SCC 28