S. Ramanjaneyulu vs The State Government
2022 Latest Caselaw 7807 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                 WRIT PETITION No.33358 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 questioning the action of the respondent authorities in issuing removal order dated 18.07.2021 by the 4th respondent without conducting proper enquiry on the charges as illegal, arbitrary and villative of Articles 14, 16 and 21 of the Constitution of India, apart from contrary to Principles of natural justice and liable to be set aside; and consequently direct the respondents to reinstate the petitioner into service forthwith and pass such other orders...."

2. Heard Mr. K. Srinivasa Prasad, learned counsel for the

petitioner and learned Government Pleader for Services-IV for the

1st respondent; Mr. M.S.R.Chandra Murty, learned Standing

Counsel for respondents 2 to 4 and Ms. B.V.Aparna Lakshmi,

learned Standing Counsel for the 5th respondent.

3. 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 3rd

respondent to dispose of the Appeal filed by the petitioner dated

02.08.2021 (which is material paper No.30 in the writ petition),

without touching the merits of the case.

4. Learned Government Pleader appearing for the respondents

and readily agreed to dispose of the Appeal filed by the petitioner

dated 02.08.2021, if any pending with the respondent authorities.

5. 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.

6. 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 Appeal filed

by the petitioner dated 02.08.2021, I find no other alternative

except to issue such direction.

7. In the result, Writ Petition is disposed of, directing the 3rd

respondent to dispose of the Appeal filed by the petitioner dated

02.08.2021, in accordance with law, within eight (08) weeks from

the date of receipt of a copy of this order. No costs.

2019 (8) SCALE 544

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 13.10.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.33358 OF 2022

Date: 13.10.2022

KK