G Chandrasekhara Rao vs Then Managing Director
2022 Latest Caselaw 7550 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                    WRIT PETITION No.32195 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 action of the Respondents No.2 in not taking any action pursuant to the Show Cause Memo in R.C.No.108/2020/C dated 25.01.2020 and the Explanation submitted by the Petitioner dated 10.02.2020 as arbitrary, illegal, unjust, violative of Rule 8(2), 8(2)(a) and Rule 8(5) 8(5)(a) of the A.P.C.S (CCA) Rules 1991 and also violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to forthwith reinstate petitioner into service with all consequential and attendant benefits 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 submitted by the

petitioner dated 10.02.2020 against the Show-cause Memo in

R.C.No.108/2020/C, dated 25.01.2020, without touching the

merits of the case.

3. Mr. E.V.Jagannada Rao, learned Standing Counsel for the

respondents readily agreed to consider the explanation submitted

by the petitioner dated 10.02.2020 against the Show-cause Memo

in R.C.No.108/2020/C, dated 25.01.2020, if any pending with the

respondent authorities.

4. In view of the submission of learned Standing 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

submitted by the petitioner dated 10.02.2020 against the Show-

cause Memo in R.C.No.108/2020/C, dated 25.01.2020, I find no

other alternative except to issue such direction.

6. In the result, Writ Petition is disposed of, while directing the

2nd respondent to consider the explanation submitted by the

petitioner dated 10.02.2020 against the Show-Cause Memo in

R.C.No.108/2020/C, dated 25.01.2020 and appropriate orders in

accordance with law, within six (06) 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: 30.09.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.32195 OF 2022

Date: 30.09.2022

KK