The Union Of India, v. K Narasinga Rao

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.23754 of 2018 ORDER: (per Sri Justice A. Rajasheker Reddy) This Writ Petition is filed challenging the order, dated 18.04.2016 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in O.A.No.378 of 2016, directing the petitioners herein to consider the representations, dated 23.07.2014 and 30.09.2014 filed by the respondent herein and pass appropriate orders within eight weeks from the date of receipt of a copy of that order.

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Heard learned counsel representing the learned Assistant Solicitor General appearing for the petitioners. 3.

A perusal of the order impugned discloses that the Tribunal merely directed the petitioners herein to consider the representations stated to have been filed by the respondent herein and pass appropriate orders. It is to be noted that instead of passing orders on such representations in accordance with law, the petitioners approached this Court by way of filing this Writ Petition. Though according to the petitioners, the respondent is not entitled to the benefit as sought by him in his aforestated representations, the petitioners have to pass a speaking order and

HCJ & ARR, J W.P.No.23754 of 2018 communicate the same to the respondent. Instead of doing so, the petitioners approached this Court by way of filing this frivolous Writ Petition. Apart from that, no illegality, infirmity or error of jurisdiction is brought to our notice by the petitioners. This is a classic example where the petitioners without any application of mind have resorted to file this frivolous Writ Petition. In the circumstances, this Writ Petition deserves to be dismissed by imposing exemplary costs on the petitioners. But, we refrain ourselves from doing so with the hope that the petitioners would not indulge in filing such frivolous Writ Petitions in future. 4.

Hence, the Writ Petition is dismissed with the direction to the first petitioner - Union of India to sensitize the Officers in this regard.

Pending miscellaneous petitions, if any, shall also stand dismissed. There shall be no order as to costs. ___________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ Date: 23.01.2019 ________________________ A. RAJASHEKER REDDY, J kvni