The State Of Telangana v. B Venkataiah

THE HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT APPEAL No.117 of 2019 JUDGMENT: (Per the Hon'ble Sri Justice A.Rajasheker Reddy) This appeal is filed against the order, dated 01.02.2019, in W.P.No.27503 of 2018, whereby and whereunder the learned single Judge set aside the proceedings through which the promotion orders of the respondents/writ petitioners were withdrawn without giving any reasons.

2.

Heard the learned Special Government Pleader appearing for the appellants, who submits that the learned single Judge has not given the liberty to the appellants to take action in accordance with law, and Sri D.Prakash Reddy, learned Senior Counsel for respondents/writ petitioners.

3.

We see that the impugned proceedings whereby and whereunder the promotion of the respondents was withdrawn, was without any reasons nor any notice was issued to them before passing such an order, which is in violation of principles of natural justice. We do not, therefore, see any error or infirmity in the order of the learned single Judge and the learned single Judge has rightly set aside the impugned proceedings in the Writ Petition giving sufficient reasons. 4.

In view of the above, the Writ Appeal is dismissed. However, this order will not preclude the appellants from taking action in accordance with law, if so advised.

The miscellaneous petitions pending in this appeal, if any, shall stand closed. There shall be no order as to costs. _______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _____________________________ A.RAJASHEKER REDDY, J 26.02.2019 vs