B.Venkatesh Netha v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.9651 OF 2018 O R D E R :

The case of the petitioner is that he was working as Deputy Commissioner of Prohibition and Excise and he submitted resignation on 08.01.2018, as the same is not accepted, present writ petition is filed.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Services submits that since disciplinary proceedings are pending against the petitioner, his application could not be considered. Learned counsel for the petitioner submits that disciplinary proceedings were initiated way back in the year 2013, but no action has been taken as on today, as such, petitioner's application for resignation cannot be kept pending. He further submits that as petitioner has better opportunities, he is intending to resign for the present post.

It is to be seen that this Court already granted interim order dated 04.09.2017 in the earlier writ petition filed by the petitioner in WP.No.29748 of 2017 for conclusion of the disciplinary proceedings, but it is stated that no action has been taken till date. In view of the same it is for the competent authority to dispose of the application submitted by the petitioner for resignation.

Having regard to the aforesaid facts and circumstances, without expressing any opinion on merits, the writ petition is disposed of directing the competent authority to take action on the application of the petitioner for resignation, in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 20.03.2018 t k.