M.A.Mateen, v. The District Collector (Pw),
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.6039 of 2019 ORDER:
This writ petition is filed seeking the following relief :- " ..... to issue a Writ, Order or Orders more particularly one in the nature Writ of Mandamus declaring the impugned proceeding No.1985/ CPR and RE/ E2/ 2017 dated 30.7.2018 issued by the 4th respondent in imposing the minor penalty of one Annual Grade Increment without cumulative effect is as illegal, null and void by holding the action of respondents in imposing the punishment of minor penalty of one Annual Grade Increment without cumulative effect without appreciating the material on record that too at the fag end of the petitioner's retirement and further not passing any orders on the petitioners Appeal dated 3082018 is as illegal arbitrary ....." .
Heard Mr.Ch.Jagannatha Rao, learned counsel for petitioner, learned Government Pleader for Panchayat Raj and Rural Development for respondents 1, 2, 4 and 5 and Sri G.Narender Reddy, learned Standing Counsel for the 3rd respondent. It has been contended by the petitioner that he is working as Extension Officer and while discharging his duties, the 4th respondent has initiated disciplinary proceedings and imposed minor penalty of stoppage of one annual grade increment without cumulative effect vide order dated 30.07.2018. The 4th respondent has imposed the said minor penalty without appreciating the material on record and that too at the fagend of the service of the petitioner, as the petitioner is going to retire on 31.07.2019. The petitioner preferred an appeal before the appellate authority on 30.08.2018 and the appellate authority has not passed any orders on the appeal preferred by the petitioner.
Learned counsel for petitioner contended that since the petitioner is going to retire on 31.07.2019, appropriate orders be passed in the writ petition directing the appellate authority to dispose of the appeal preferred by the petitioner on 30.08.2018. Learned Government Pleader as well as the learned Standing Counsel submit that the appeal preferred by the petitioner will be considered and disposed of in accordance with law. This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to dispose of the appeal preferred by the petitioner on 30.08.2018 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
With the above observations, the writ petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-03-2019 Prv