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High Court for State of TelanganaWP/296/2015dismissed

R.D.Asirvadam v. The State Of Andhra Pradesh Rep.By Its Principal Secretary,

2015-01-20Ramesh Ranganathan,M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY W.P. No.296 of 2015 ORDER: (per Hon'ble Sri Justice Ramesh Ranganathan) This Writ Petition is filed to direct the respondents to implement the orders of the Andhra Pradesh Administrative Tribunal (for short 'Tribunal') in C.A.No.1596 of 2013 in R.P.No.678 of 1984 dated 27.11.2014 and O.A.No.2729 of 2012 dated 04.08.2014. By its order in O.A.No.2729 of 2012 dated 04.08.2014, the Tribunal directed the Learned Government Pleader to place the pay bills for the period from March, 1983 to December, 1983 from the S.T.O. Kovvur within two weeks. C.A.No.1596 of 2013 was filed to punish the respondents for wilful disobedience of the order dated 09.10.1984 in R.P.No.678 of 1984, more that 29 years after the order was passed. By its order in C.A.No.1596 of 2013 in R.P.No.678 of 1984 dated 27.11.2014, the Tribunal directed production of the records, and adjourned the matter by a week. It is these orders which are under challenge before this Court.

The petitioner claims that, despite a specific direction by the Tribunal, the Government has not produced the records resulting in needless delay in adjudication of both the O.A. and C.A. The jurisdiction which this Court exercises under Article 226 of the Constitution of India is supervisory and not appellate. It is for the Tribunal to determine its roster, and save undue delay in disposal of matters, it is not for this Court to decide, under Article 226 of the Constitution of India, when, and in what order, the Tribunal should decide matters before it.

Sri M.V.Praveen Kumar, Learned Counsel for the petitioner, would, however, contend that the petitioner is 60 years old, and her case necessitates urgent hearing. We have no reason to doubt that,

on a proper application being made by the petitioner in this regard, the Tribunal would consider hearing the matters with utmost expedition. As the petitioner cannot be said to be aggrieved by the order of the Tribunal, directing production of records, we see no reason to exercise discretion under Article 226 of the Constitution of India, to interfere.

The Writ Petition as filed is wholly misconceived and is, accordingly, dismissed. Miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs. RAMESH RANGANATHAN, J M.SATYANARAYANA MURTHY,J Date:20.01.2015 Usd