Andhra Pradesh High Court - Amravati
Yethirajula Roja vs The State Of Andhra Pradesh, on 28 June, 2022
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.16863 OF 2020
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 declaring the action of the respondents
particularly Nos. 3rd, 4th and 5th respondents in terminating the
service of the petitioner orally and without issuing any proceedings
and in not permitting the petitioner attend to her duties as a
Accountant in the 5th respondents office relieving on 25.05.2020 is
illegal, arbitrary and also the respondents violation of the
Fundamental Rights wholly arbitrary illegal and consequently direct
the respondents to permit the petitioner to attend her duty as an
Accountant CBO Staff at Amadalavalasa Municipality, Srikakulam
District, wholly illegal, arbitrary and void, violative of the principles of
natural justice and also violative of the Articles 13, 16 and 21 of the
Constitution of India and pass such other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court to issue a direction to the respondents
4 and 5 to dispose of the representation dated 03.06.2020 submitted
by the petitioner, without touching the merits of the case.
3. Learned counsel for the respondents 4 and 5 readily agreed to
dispose of the representation dated 03.06.2020 submitted by the
petitioner, if any pending with the respondent authorities.
4. In view of the submission of learned counsel appearing for
respondents, I need not decide the truth or otherwise of the
allegations made in the petition.
5. 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 be
passed for a quick or easy disposal of cases in overburdened
adjudicatory institutions but, they do not serve to the cause of justice.
As the learned counsel for the petitioner himself requested to issue a
direction to dispose of the representation dated 03.06.2020 submitted
by the petitioner, I find no other alternative except to issue such
direction.
6. In the result, Writ Petition is disposed of, directing the
respondents 4 and 5 to dispose of representation dated 03.06.2020
submitted by the petitioner, in accordance with law, within six (06)
weeks from the date of receipt of a copy of this order. Further liberty
is given to the petitioner to submit fresh application for the same
request as mentioned in the representation dated 03.06.2020. No
costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 28.06.2022
KK
2019 (8) SCALE 544
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.16863 OF 2020
Date: 28.06.2022
KK
