N. Poornachandar v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.12757 of 2019 ORDER:

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

This writ petition is filed seeking a writ of Mandamus, declaring the action of the 2nd respondent in not considering the petitioner's representation dated 07.06.2019 as arbitrary, illegal, violative of principles of natural justice and violative of Article 14 of the Constitution of India and to pass appropriate orders.

Heard Sri A. Kranti Kumar Reddy, learned counsel for the petitioner, the learned Special Government Pleader for Services (Home) appearing for the respondents 1 to 5 and Sri M.V. Rama Rao, learned Standing Counsel appearing for respondent No.6.

It has been contended by the petitioner that he was provisionally selected as Stipendiary Trainee Cadet Reserve Sub-Inspector and sent on training during 2015. The petitioner further submitted that while he was undergoing training, he has suffered an injury and, therefore, he was withdrawn from the training vide proceedings dated 25.02.2015, making it clear that he would be considered for induction training in the next batch. Thereafter, the respondents have issued show cause notice on 08.07.2015 as to why the petitioner should not be discharged from training for his unauthorized absence. In reply to the said show cause notice, the petitioner has submitted explanation and ultimately the respondents have discharged the petitioner from training vide proceedings dated 04.12.2015. Thereupon, the petitioner submitted a representation to the 2nd respondent on 14.04.2017 and also a representation to the State Government.

Thereafter, the State Government vide memo dated 17.05.2017 forwarded the representation of the petitioner to the 6th respondent requesting to examine and take necessary action in the matter. It is also stated that when the 2nd respondent was not considering the representation dated 14.04.2017 of the petitioner, the petitioner has submitted yet another representation on 07.06.2019 to the 2nd respondent and the same is pending.

Learned counsel for the petitioner submitted that appropriate orders be passed in the writ petition directing the 2nd respondent to consider the representations submitted by the petitioner and pass appropriate orders in accordance with law.

Learned Government Pleader as well as the learned Standing Counsel appearing for the respondents had submitted that the representations of the petitioner will be considered by the 2nd respondent and appropriate orders would be passed in accordance with law. This Court, having considered the submissions of the learned counsel for both parties, is of the considered view that this writ petition can be disposed of directing the 2nd respondent to consider the representations submitted by the petitioner on 14.04.2017 and 07.06.2019 and pass appropriate orders 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 26th June 2019 v v