IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 13392 of 2009 Between: N.Subba Rao S/o. N.Kotesawa Rao R/o. Bapatla, guntur District. ..... PETITIONER AND 1 The Government of A.P. Higher Education, Rep. by its Principal Secretary, Secretariat, Hyderabad. 2 Commissioner of Technical Education, Government of Andhra Pradesh, B.R.K.R. Bhavan, Lower Tank Bund, Hyderabad. 3 Bapatla Engineering College, Bapatla, Guntur District Rep. by its President. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandmaus declaring the inaction of the 1st respondent in not passing any order on the petitioner's application filed on 25.06.2007 in appeal filed by the 3rd respondent and not vacating the interim order dated 14.6.2007 as arbitrary, illegal and in violation of well settled principles of natural justice and consequently to set aside the order in Memo No. PSP9497/EC.2/2007-1 dated 14.06.2007 with all consequential benefits. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court at the stage of admission made the following O R D E R: The writ petitioner has been working in the 3rd respondent college and he has been subjected to disciplinary proceedings. Calling in question the orders of punishment imposed by the management of the 3rd respondent college, he has preferred an appeal before the competent authority namely, the Director of Technical Education who allowed his appeal. The college management appears to have carried the matter by way of further appeal to the State Government and entertaining the said appeal on 14th June 2007, the State Government in the Higher Education Department passed orders though their memo No.PSP9497/EC.2/2007-1 staying the operation of the orders passed by the Director of Technical Education. Ever since then, the writ petitioner has been submitting representation after representation requesting the State Government in Higher Education Department to deal with the appeal preferred by the 3rd respondent management and decide it as expeditiously as possible or otherwise to vacate the interim stay granted on 14th June 2007. The matter has not been taken up by the State Government. With the consent of the learned Government Pleader for Higher Education, I propose to dispose of this Writ Petition, at the stage of admission itself, as the direction, which I propose to issue will not in any manner impact the respondents much less adversely. The State Government being the Appellate Authority is entitled to entertain the appeals preferred by the aggrieved parties, which can include the management of educational institutions, but at the same time, when the affected employees seek the matter to be taken up for consideration, the same should have been taken up with necessary promptitude. More than two years period has elapsed since the State Government has entertained the appeal of the 3rd respondent. By now, the record of the Government must have been complete because they have called for the remarks from the Director of Technical Education also long back and I have no doubt in my mind that the Director of Technical Education would have complied with the directions of the State Government and would have also made available his para-wise remarks on the appeal as well as on the representation submitted by the writ petitioner herein. Taking all these factors into consideration and account, I consider it appropriate to direct the State Government to deal with the appeal, on its merits and pass appropriate orders thereon, after providing an opportunity to both the sides to make their submissions. Let this exercise be completed on or before 30th September 2009. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 7th July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KSRANI}