J.Raja Lingam v. The Chief Commissioner Of Land Administration

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO.9964 OF 2019 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both parties.

This writ petition is filed seeking a Writ of Mandamus declaring the action of the 2nd respondent in not disposing of the appeal filed by the petitioner on 18.04.2019 against the order passed by the 1st respondent in keeping the petitioner under suspension vide proceedings dated 28.03.2019 as illegal, arbitrary, unconstitutional and void and sought a consequential direction to the respondents to reinstate the petitioner into service by disposing of the appeal filed by the petitioner on 18.04.2019. Heard Sri R. Rajasekhara Rao, learned counsel for the petitioner, and the learned Government Pleader for Services-II. It has been contended by the petitioner that he was promoted as Tahsildar in the year 2017 and while he was discharging his duties, the 1st respondent has placed him under suspension vide proceedings dated 28.03.

2019 for the alleged irregularities in respect of entries in a pass book. The petitioner further contends that he has preferred an appeal to the 2nd respondent on 18.04.2019, but so far the 2nd respondent has not passed any orders on the appeal preferred by him nor reinstated him into service. Therefore, learned counsel for the petitioner submits that appropriate orders be passed in the writ petition directing the 2nd respondent to consider the appeal preferred by the petitioner on 18.04.2019 and pass appropriate orders thereon in accordance with law.

appropriate orders would be passed on the appeal preferred by the petitioner in accordance with law.

This Court, having considered the rival submissions made by the learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the 2nd respondent to consider the appeal preferred by the petitioner on 18.04.2019 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 Dated: 1st May, 2019 v v