Telangana High Court
WP/28490/2008 of A.V. Ramana, Vs The District Collector, on 30 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28490 of 2008 Between: A.V. Ramana,
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GHULAM MOHAMMEDand THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY
WRIT PETITION NO : 28490 of 2008
Between:
A.V. Ramana, S/o. Dalayya,Government High School, Seethampeta, Srikakulam.
AND
..... PETITIONER
1 The District Collector, Srikakulam.
2 The District Educational Officer, Srikakulam.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an order or direction more particularly one in the natureof Writ of Mandamus to set aside the Impugned Rc.No. SPL2/A9/2008dated 11-10-2008 as highly arbitrary, illegal and discrimination.
Counsel for the Petitioner: MR.K.R.SRINIVAS
Counsel for the Respondent No.: GP FOR SERVICES II
The Court made the following :
ORDER:(per the Hon’ble Mr.Justice Ghulam Mohammed)
This writ petition is filed seeking a writ of mandamus to setaside the impugned proceedings in Rc.No.Spl.2/A9/2008 dated 11-10-2008 as highly arbitrary and illegal.
The petitioner filed O.A.No.8446 of 2008 on the file of the A.P.Administrative Tribunal, Hyderabad, to declare the impugned proceedings in Rc.No.Spl.2/A9/2008 dated 11-10-2008 of the secondrespondent as arbitrary and illegal and consequently to set aside thesame.
By virtue of the impugned proceedings the petitioner wasplaced under suspension. The grievance of the petitioner is thatinitially on 20-10-2008 the matter was listed for admission and forgranting of interim orders. However, at request of GovernmentPleader, the OA was posted after two weeks. On 29-10-2008, againat request of Government Pleader for production of records thematter was posted after two weeks. On 12-11-2008, 18-11-2008 and28-11-2008 at request of Government Pleader for production ofrecords the matter was adjourned to 15-12-2008. On 15-12-2008, thematter was posted after pongal vacation for filing counter-affidavit. Despite affording reasonable opportunity to the learned GovernmentPleader, they did not take any steps to proceed with the matter anddid not file any counter-affidavit so far.
Having regard to the facts and circumstances of the case andsince the matter is to be decided by the Tribunal, we deem itappropriate to direct the Tribunal to dispose of the OA.
Accordingly, the Writ Petition is disposed of directing theTribunal to dispose of O.A.No.8446 of 2008 within a period of sixweeks from today. The respondents shall file the counter-affidavit soas to enable the Tribunal to dispose of the matter on merits. Nocosts.
____________________
GHULAM MOHAMMED, J
______________________
B.SESHASAYANA REDDY, J
SKM