B. Vara Laxmi v. The Transport Commissioner And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.15879 of 2019 ORDER:

This writ petition is filed seeking the following relief :- " ..... to issue a Writ of Certiorari to call for the records relating to the impugned proceedings RC.No. 9179/ V3/ V2/ 2008-2 dt.16.08.2017 issued by the 1st Respondent and set aside the same by declaring them as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to drop the disciplinary proceedings against the petitioner and accord all consequential service and monetary benefits, including the release of withheld increments with arrears ......"

Heard Mr.P.Amarender, learned counsel for petitioner and the learned Government Pleader for Services-III. It has been contended by the petitioner that he is working as Administrative Officer with the respondents and while discharging duties, the disciplinary proceedings were initiated against him on 27.04.2010. The petitioner has submitted explanation denying the charges levelled against him. Thereafter, the disciplinary authority, after conducting enquiry, had imposed major penalty of stoppage of three annual grade increments with cumulative effect vide proceedings dated 16.08.2017. Aggrieved thereby, the petitioner has preferred an appeal before the 2nd respondent on 29.10.2017. But, so far, the 2nd respondent has not passed any orders on the said appeal.

Learned counsel appearing for the petitioner submits that appropriate orders be passed in the writ petition directing the 2nd respondent to consider and dispose of the appeal preferred by the petitioner in accordance with Rules.

The learned Government Pleader appearing for the respondents submits that the 2nd respondent would consider and dispose of the appeal preferred by the petitioner in accordance with Rules.

This Court, having considered the rival submissions of the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the 2nd respondent to consider and dispose of the appeal preferred by the petitioner on 29.10.2017, if not already disposed of, in accordance with Rules, within a period of six 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: 29-07-2019 Prv