Inaction of authorities in not communicating a decision within a reasonable time is illegal and unsustainable. Suspension cannot deprive an individual's liberty to travel abroad.

ORDER :

GANNAMANENI RAMAKRISHNA PRASAD, J.

Heard Sri B. Adinarayana Rao, learned Senior Counsel appearing on behalf of Sri Javvaji Sarath Chandra, learned Counsel for the Writ Petitioner and Sri V. Maheswara Reddy, learned Government Pleader for Home and General Administration Department appearing for the Respondent Nos.1 to 3.

2. The present Writ Petition has been filed seeking the following relief:

“For the aforesaid reasons and those reasons which may be adduced at the time of hearing, it is humbly prayed that this Hon'ble Court may be pleased to grant an order, direction or writ, more particularly a Writ of Mandamus, declaring the inaction of the Respondent authorities in not considering the requests/application dt. 05.06.2023 made by the petitioner herein for grant of permission for the private foreign visit and thereby for sanction of (41) Days EL to visit USA and UK on private affairs, is illegal, arbitrary, unjust and is contrary to the Office Memorandum vide F.No.11013/8/2015-Estt.A-III of Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Establishment A-III Desk, dt.27.07.2015 and is violative of fundamental rights under Art 14, 19 and 21 of the Constitution of India and Principles of Natural Justice and thereby seeking consequential direction to the respondent authorities to pass the necessary orders granting the earned leave sought by the Petitioner for the foreign visit for a period of 41 days from the date of availing the leave and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. It is averred in the Affidavit filed in support of the Writ Petition that the Writ Petitioner has received an “Invite” on 08.05.2023 from the Telugu Association of North America (TANA) to attend a Conference as a special guest, to be held from 07.07.2023 to 09.07.2023 in United States of America. In pursuance of this “Invite”, the Writ Petitioner has made a request vide Letter No.2/2023 dated 05.06.2023 for sanction of 41 days of Earned Leave from 21.06.2023 to 31.07.2023 (both days inclusive) to the Respondent No.3 namely the Director General of Police (HoPF) and also an Application vide Letter No.3/2023 dated 05.06.2023 to the Respondent No.2 namely the State of Andhra Pradesh, represented by its Chief Secretary. He sought “for permission to visit U.S.A and U.K on private affairs”. It is also stated in the Affidavit that the Writ Petitioner has submitted all the details regarding his foreign visit in the required proforma and FORM FC-2 along with ‘declaration’ dated 05.06.2023.

4. Since the Respondent Nos.2 and 3 have not communicated their decision within a reasonable time, the present Writ Petition has been filed seeking declaration that the inaction on the part of the Respondent Authorities in not considering the request/application dated 05.06.2023, as illegal, arbitrary, unjust and contrary to the Office Memorandum bearing F.No.11013/8/2015-Estt.III of Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training (Establishment Division) dated 27.07.2015 (Ex.P.4). A consequential direction is also sought to the Respondent Authorities to pass necessary Orders for granting the Earned Leave sought by the Writ Petitioner for the foreign visit for a period of 41 days from the date of availing of the leave.

5. Learned Senior Counsel submits that two permissions are required to be obtained for an Employee in the Government Service to travel abroad namely :

a) Permission to travel abroad ; and

b) For sanction of leave

6. Learned Senior Counsel would submit that insofar as the permission required for travelling abroad is concerned, it is governed by the Office Memorandum bearing F.No.11013/8/2015-Estt.III of Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training (Establishment Division) dated 27.07.2015 (Ex.P.4). He submits tha