Disposed

Bellamkonda Dinesh v. The State of Andhra Pradesh

Andhra Pradesh HC8 Sept 2024WP/808/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking reinstatement and regularization of service for a home guard alleged to have been illegally terminated. The court declined to intervene, granting liberty to the petitioner to file an appeal against the termination order before the appellate authority.

What did the court decide?

Petition disposed at admission stage with liberty to file appeal against impugned termination order before appellate authority.

Bellamkonda Dinesh Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2024)

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. *■

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

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MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 808 OF 2024

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Between:

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Bellamkonda Dinesh, S/o. Muttayya, aged about 32 years,^{R/o.D.No.4-28-} 3/2, Yalamarti Bikshalu Street, TMH School, Tarapet, Chittinagar, Vijayawada Urban.

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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, A.P Secretariat, Velagapudi, Amaravathi.

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The Commissioner of Police, Vijayawada City, Vijayawada,^Andhra Pradesh.

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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 writ or order or direction more particularly one in the nature of writ of Mandamus declaring my unlawful termination^from the post of home guard in H.G unit Vijayawada city police vide its proceedings D.O.No. 32/2021, (C.No.2955/HI/2020) dated 27/11/2021 issued by the respondent No.2 is illegal, arbitrary and violative of fundamental rights guaranteed under Articles-14,16 and 21 of the Constitution of India apart from being violative of principles of natural justice^{andtosetasidethesaid} impugned proceedings and consequently direct the respondents to reinstate me as home guard in HG unit, Vijayawada city police along with arears, back wages and other benefits, etc., from 27.11.2021 till my re instatement and also direct them to consider my candidature for

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fv.

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regularization of service as per G.O.Ms.No. 114 issued by the Finance(HRI Plg.& Policy) department. Government of Andhra Pradesh and the Andhra Pradesh Gazette, part IV-B extraordinary published by authority bearing Act No.30 of 2023, dated.20.10.2023 at Amaravathi.

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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 writ petition, the High Court may be pleased to direct the respondents to re-instate the petitioner as home guard in HG unit, Vijayawada city police along with arears, back wages and other benefits, etc., from 27.11.2021 till his re-instatement and also direct them to consider his candidature for regularization^ofserviceas per G.O.Ms.No. 114 issued by the Finance(HR-l Plg.& Policy) department. Government of Andhra Pradesh and the Andhra Pradesh Gazette, part IVB extraordinary published by authority bearing Act No.30 of 2023, dated.20.10.2023 at Amaravathi.

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Counsel for the Petitioner ; M/s. SASIKALA MANDAVA

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Counsel for the Respondents: GP FOR SERVICES I

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The Court at the stage of admission made the following:^ORDER

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^ .

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APHC010011232024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3331]

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(Special Original Jurisdiction)

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MONDAY,THE NINTH 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: 808/2024

Between:

Bellamkonda Dinesh

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SAS1KALA MANDAVA

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Counsel for the Respondent(S): 1.GP FOR SERVICES (AP)

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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 writ or order or direction more particularly^one in the nature of writ of Mandamus declaring my unlawful termination from the post of home guard in H.G unit Vijayawada city police vide its proceedings D.O.No.32/2021, (C.No.2955/HI/2020) dated 27/11/2021 issued by the respondent No.2 is illegal, arbitrary and violative of fundamental rights

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Page 2 of 4

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SRS.J , W.P.No.808 of 2024 '

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guaranteed under Articles14, 16 and 21 of the Constitution of India apart from being violative of principles of natural justice^{andtosetasidethesaid} impugned proceedings and consequently direct the respondents to reinstate me as home guard in HG unit Vijayawada city police along with arears back wages and other benefits etc from 27.11.2021 till my reinstatement and also direct them to consider my candidature for regularization of service as per G.O.Ms.No.114 issued by the Finance (HRI Plg.& Policy) department, Government of Andhra Pradesh and the Andhra Pradesh Gazette, part IV-B extraordinary published by authority bearing Act No 30 of 2023, dated 20.10.2023 at Amaravthi and pass such other order or orders ...”

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Heard Smt.Priyanvitha, learned counsel representing Ms.Mandava Sasikala, learned counsel for the petitioner, and learned Assistant Government Pleader for Services appeared for respondents.

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The petitioner was suspended from the service vide proceedings in C.NO.2955/H1/2020, dated 27.11.2021 (Ex.P1).

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Learned counsel for the petitioner would submit that the petitioner was falsely implicated in Crime Nos.68, 546, 722 & 530^of2020. A^show-cause notice dated 12.10.2020 was issued to the petitioner and acknowledged by him on 20.10.2020, however, he failed to submit any explanation. The case in Cr.Nos.722 of 2020 (C.C.No.4449 of 2020) for the offence punishable under Section 506, 509 of I PC was referred to Lokadalat vide No.2936 of 2020, wherein the petitioner was acquitted. The case in Cr.No.546 of 2020 (C.C.No.4078 of 2020) ended in acquittal on the file of Learned IV Addl. Metropolitan Magistrate-cum-Addl. Mahila Magistrate Court, Vijayawada. In respect of Cr.No.722 of 2020 (CC.No.281 of 2020), the^{matterwasreferredto}

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Page 3 of 4

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SRS.J W,P.No.808 of 2024

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Lokadalat vide No. 1454 of 2020, wherein the petitioner was acquitted on 26.09.2020. In respect of Cr.No.530 of 2020 (CC.No.957 of 2022), the petitioner was acquitted by the Learned Judicial Magistrate of First Class-cumAddl. Junior Civil Judge, Mangalagiri wde judgment dated 10.08.2024. Thus, the learned counsel would contend that no cases are pending against the petitioner and hence terminating the petitioner from service is illegal.

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At the hearing, when the Court pointed out the appeal^{availabletothe} petitioner against the order of termination, learned counsel for the petitioner would submit that the petitioner would avail the remedy of the appeal and file an appeal before the appellate authority.

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Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to file an appeal before the appellate authority against the proceedings in C.No.2955/H1/2020, dated 27.11.2021 (Ex.P1). If such an appeal is filed, the appellate authority shall consider the same and pass appropriate orders as expeditiously as possible, strictly as per * law. 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/- K.SRINIVASA RAJU //TRUE COPY// ASSISTANT] REGISTRAR SEdTION OFFICER

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To,

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The Principal Secretary, Department of Home, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi.

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The Commissioner of Police, Vijayawada City, Vijayawada,^Andhra Pradesh.

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One CC to M/s. Sasikala Mandava, Advocate [OPUC]

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Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies.

Cnr

HIGH COURT

DATED:09/09/2024

ORDER

WP.No.808 of 2024

I 9 SEP ?07‘i
Oii
^ . Current Section ^

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DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS

Bellamkonda Dinesh v. The State of Andhra Pradesh

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Bellamkonda Dinesh v. The State of Andhra Pradesh

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