Gudivada Srinu vs The Union Of India
2022 Latest Caselaw 7081 AP

          THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                    WRIT PETITION No.29635 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 impugned Show Cause Notice No. 56th Bat/ITBP/ Establish-2/NOTICE/2022-1312, dated 31.08.2022 issued by the 5th respondent herein and whereunder the averments made by the 5th respondent as per Rule 26 of ITBPF Rules, 1994 as being illegal, arbitrary and in violation of under Article 14, 16 and 21 of the Constitution of India, consequently set aside the impugned proceedings in Show Cause Notice No. 56th Bat/ITBP/ Establish-2/NOTICE/2022-1312, dated 31.08.2022 and pass such other orders...."

2. Though the petitioner made several allegations against the

respondents, during the course of hearing learned counsel for the

petitioners requested this Court to issue a direction to the

respondents to consider the explanation dated 31.08.2022 (Ex.P6)

submitted by the petitioner, without touching the merits of the

case.

3. Mr. Jupudi V.K.Yagnadath, learned counsel representing Mr.

N. Harinath, learned Deputy Solicitor General for the respondents

readily agreed to consider the explanation dated 31.08.2022

(Ex.P6) 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 consider the explanation

dated 31.08.2022 (Ex.P6) submitted by the petitioner, I find no

other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, with the consent of

both the counsel at the state of admission, while directing the

respondents to consider the explanation dated 31.08.2022 (Ex.P6)

submitted by the petitioner and pass appropriate orders strictly in

accordance with law, as expeditiously as possible. No costs.

2019 (8) SCALE 544

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

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 15.09.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.29635 OF 2022

Date: 15.09.2022

KK