MR SIDDHARTHI SUBHAS vs THE STATE OF ANDHRA PRADESH

THE HONOURABLE SMT.

JUSTICE V.SUJATHA WRIT PETITION No.19886 of 2023 ORDER: The present Writ Petition came to be 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 by declaring the action of the respondents in adopting different yardsticks in awarding the different punishments for similar offence in similarly situated persons i.e., for one Sri John Srinivasulu there is a censure dt.29.07.2016 and for the petitioner imposed of penalty of stoppage of 2 two Annual Grade Increments with cumulative effect vide proceedings in CCT’s Ref.No.VI/440/2015-II dt.24.03.2022 after inordinate delay of 6 years and thereby depriving the petitioner of right of consideration for promotion is highly arbitrary, atrocious, against all canons of fair play and natural justice and also offends article 14 and 16 of Constitution of India and consequently set-aside the proceedings in CCT’s Ref.No.VI/440/2015-II dt.24.03.2022 and to pass….” 2.

Today, when the writ petition came up for hearing, the learned Government Pleader for Services-1 has informed this Court that the petitioner has made a representation dated 23.05.2022 and subsequent representations dated 20.04.2023, 25.07.2023 and 03.08.2023 to the 1st respondent, requesting to consider his case for promotion without considering the penalty of stoppage of two annual grade increments with cumulative VS, J W.P.

No.19886 of 2023 2 effect that was imposed vide proceedings dated 24.03.2022 and to pass appropriate orders.

He further submitted that the said representation is under consideration before the Government and requested to pass orders by granting time to take appropriate steps.

3.

In view of the above submission and in view of the fact that the representation made by the petitioner is still pending for consideration before the 1st respondent, instead of going into the merits of the case, this Court feels it app els it appropriate to dispose of the writ petition by directing the 1st respondent to pass appropriate orders on the representation dated 23.05.2022 as well as subsequent representations dated 20.04.2023, 25.07.2023 and 03.08.2023 made by the petitioner, in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order.

4.

Accordingly, with the above direction, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, pending, if any, in this Writ Petition shall stand closed. _______________________ JUSTICE V.SUJATHA Date : 11.08.2023 GSS