Partly allowed

K Venkateswarlu v. the State of Ap

Andhra Pradesh HC17 Sept 2024WP/20408/2024

Case brief

AI extract

What is this about?

This judgment disposes of a writ petition challenging the suspension and subsequent non-completion of inquiry against an armed reserve head constable while he was under suspension. The High Court reserved the question of merits and directed the authorities to complete the inquiry under applicable rules within four weeks.

What did the court decide?

Relief prayed for not granted; petitioner to avail of statutory inquiry process; respondent to complete inquiry within four weeks.

K Venkateswarlu Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY ,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20408 OF 2024

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Between:

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K Venkateswarlu, S/o. K. Chalamaiah, Aged 47 years, Occ- Armed Reserve Head Constable (Under Suspension), R/o. Venkatareddypallⁱ Village, Kavali Mandal, SPSR Nellore District.

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...Petitioner

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AND

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The State Of Andhra Pradesh, Rep. by its Principal Secretary Department of Home, Secretariat Buildings, Velagapudi.^{GunturDistrict.}

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The Superintendent of Police, SPSR Nellore District,^Nellore.

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The Deputy Superintendent of Police, Traffic Division, Nellore, SPSR Nellore District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings in D.O.No. 1053/2023 - C.NO.433/AB/2023, dated 14.09.2023, issued by the 2nd respondent suspending the Petitioner from service w.e.f. 11-09-2023, and the subsequent extension vide D.No.354/2024 - C.No.01/PR-AB/ 2024 dated 02.04.2024, as illegal, arbitrary and violative^{ofArticles14and21} of

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the Constitution of India, consequently set aside the same by directing the respondent No.2 to reinstate the petitioner into service with all consequential benefits.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned proceedings in D.O.No. 1053/2023 - C.NO.433/AB/2023, dated 14.09.2023, issued by the 2nd respondent suspending the Petitioner from service w.e.f. 11-09-2023, and the subsequent extension vide D.No.354/2024 - C.No.01/PR-AB/2024 dated 02.04.2024, pending disposal of the Writ Petition.

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Counsel for the Petitioner(s): SRI. V R MACHAVARAM

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Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I

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The Court made the following: ORDER

APHC010398332024

ili:

H&7J:

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3331]

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WEDNESDAY ,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 20408/2024

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Between:

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K Venkateswarlu ...PETITIONER

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AND

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The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.V R MACHAVARAM Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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:: ORDER ::

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The above writ petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings in D.O.No 1053/2023 -C,NO.433/AB/2023. dated 14,09.2023, issued by the 2"^^ respondent suspending the Petitioner from service w.e.f. 11-09-2023, and the subsequent extension vide D.No.354/2024 - C.No.01/PR-AB/2024 dated 02.04.2024, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India consequently set aside the same by directing the

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Page 2 of 4 SRS, J ' W.P.No.20408 of 2024

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with all consequential respondent No 2 to reinstate the petitioner into service benefits and pass such other or further orders ...

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learned counsel for the petitioner and 2. Heard Sri V.R.Machavaram Government Pleader for Services appeared for Sri S.Raju learned Assistant the respondents.

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at the office 3. The petitioner, Armed Reserve Head Constable, working of Suraksha, A.P. Police Monthly Journal, Hyderabad, was placed under DO.No.1083/2023, C.No.4331/AB/2023, dated suspension by proceedings effect from the date of detention i.e. on 11.09.2023.^A 14.09.2023 (Ex.P1) with issued against the petitioner vide C.No.01/PR-AB/2024, charge memo was dated 23.03.2024 (Ex.P3). An inquiry officer was appointed^{byproceedings} dated 05.06.2024 (Ex.P5).

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Learned counsel for the petitioner would submit that in the^proceedings dated 05.06.2024 (Ex.P5), the inquiry officer was requested^{toconductinquiry} with records as per A.P.C.S (CC&A) Rules, 1991 and submit report along of guidelines issued in within one month positively, keeping in view G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022 He also would submit that inquiry is not concluded^sofar.

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Government Pleader for Services would submit that 5. Learned Assistant serious in nature. He also would the allegations made against the accused are reviewed by proceedings dated 02.04.2024 submit that suspension was '\

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SRS, J W.P.No.20408 of 2024

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\ Page 3 of 4

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(Ex.P2). He also would submit that necessary orders will be passed in terms of G.O.Ms.No.22, dated 29.02.2024.

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Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.2 to pass appropriate orders in terms of G.O.Ms.No.22, dated 29.02.2024, within four weeks, from the date of receipt of a copy of the order. The respondent shall ensure completion of inquiry in terms of G.O.Ms.No.91 General Administration (Ser-C), dated 12.09.2022. There shall be no order as to costs

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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Sd/- M. SRINIVAS //TRUE COPY// ASSISTANT REGISTRAR cAy ^^ECTION OFFICER

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To,

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The Principal Secretary Department of Home, Secretariat Buildings, Velagapudi. Guntur District.

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The Superintendent of Police, SPSR Nellore District,^Nellore.

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The Deputy Superintendent of Police, Traffic Division, Nellore, SPSR Nellore District

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One CC to Sri. V R Machavaram, Advocate [OPUC]

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Two CCs to GP For Services I ,High Court Of Andhra Pradesh. [OUT]

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THREE CD Copies

HIGH COURT

DATED:18/09/2024

ORDER

WP.No.20408 of 2024

DISPOSING OF THE WP WITHOUT COSTS AT THE ADMISSION STAGE

K Venkateswarlu v. the State of Ap

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K Venkateswarlu v. the State of Ap

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