Andhra Pradesh High Court - Amravati
Gompa Suryanarayana vs The State Of Andhra Pradhesh on 26 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.25718 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 declaring the proceedings
D.O.No.1049/2018, C.No.03/PR/2016, dated 14.09.2018 issued
by the respondent No.4 awarding the punishment of dismissal from
service to the petitioner, without assigning any cogent reasons,
without conducting fair investigation/ enquiry and also without
properly considering the petitioner's submissions/ representations
and without waiting for the Appellate Court orders for justifying the
petitioner's innocence/ guilt is illegal, arbitrary, unjust, violative of
principles of natural justice, non application of mind to the relevant
facts of the case, violative of Rules and Guidelines in vogue,
violative of Fundamental Rights Guaranteed under Articles 14, 19
and 21 of the Constitution of India and consequently set aside the
said order of dismissal dated 14.09.2018 passed by the 4th
respondent and further direct the respondents to reinstate the
petitioner into service with all consequential benefits and pass such
other orders...."
2. Heard Mr. Vajja Srinivasa Rao, learned counsel for the
petitioner and learned Government Pleader for Home for the
respondents.
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 2nd
respondent to dispose of the Appeal filed by the petitioner dated
13.12.2021 (which is material papers 16 to 19 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 13.12.2021, 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 13.12.2021, I find no other alternative
except to issue such direction.
7. In the result, Writ Petition is disposed of, directing the 2nd
respondent to dispose of the Appeal filed by the petitioner dated
2019 (8) SCALE 544
13.12.2021, in accordance with law, within eight (08) weeks from
the date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 26.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.25718 OF 2022
Date: 26.09.2022
KK
