Andhra Pradesh High Court - Amravati
Y. Sudhakar Reddy vs The State Of A.P on 11 October, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.33020 OF 2022
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 to declare the action of the 1st
respondent in not regularizing the suspension period of the
petitioner from 08.07.2016 to 11.06.2018 (704 days) as duty
period and rejecting his request vide G.O.Rt.No.365 Transport,
Roads and Buildings (Vig.TR) Department, dated 06.12.2021 and
Memo No. TRANSCOCTRA(SCR) 11/2021-VIG-TR(1489966) dated
17.05.2022 of the 1st respondent as illegal, arbitrary, unjust and
violative of Articles 14 and 16 of the Constitution of India and
consequently set aside the impugned orders and direct the
respondents to regularize the suspension period of the petitioner
from 08.07.2016 to 11.06.2018 (704) as duty period, consequent to
the dropping of the charges, in accordance with Fundamental Rules
and G.O.Ms.No.307, dated 03.12.2012 and also as per Law and to
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 to dispose of the representation dated 11.01.2022
submitted by the petitioner, without touching the merits of the
case.
3. Learned counsel for the Government Pleader for Services-II
for the respondents readily agreed to dispose of the representation
dated 11.01.2022 submitted by the petitioner, if any pending with
the respondent authorities.
4. In view of the submission of learned Government Pleader
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 11.01.2022 submitted by the petitioner, I find
no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the
petitioner to submit fresh representation to the 1st respondent
within 15 days from the date of receipt of a copy of this order. On
such submission, the 1st respondent is directed to consider the
fresh representation along with representation 11.01.2022 which
2019 (8) SCALE 544
already submitted by the petitioner and pass appropriate reasoned
order in accordance with 54-B(3) and (5) of Fundamental Rules,
G.O.Ms.No.307, dated 03.12.2012 and also as per law laid down by
this Court in the case of "A.V.Vinod Kumar Vs. Executive
Committee of the Central Ware Housing Corporation, New
Delhi and Another"2, within eight (04) weeks thereafter. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 11.10.2022
KK
2007(5) ALD 445.
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.33020 OF 2022
Date: 11.10.2022
KK
