Chatla Srinivasa Rao Vs the Transport Commissioner,Ap.

CHATLA SRINIVASA RAO, S/O VEMAIAH, AGED ABOUT 57 YEARS, OCCJUNIOR ASSISTANT, O/O RTO, ONGOLE AT MARKAPUR.PRAKASHAM DIST., R/O D.NO.2-2-32, GADDALAGUNTA PALEM, ONGOLE. (NOW UNDER ORDERS OF DISMISSAL FROM SERVICE)

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...PETITIONER

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AND

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THE TRANSPORT COMMISSIONER AP, VIJAYAWADA, KRISHNA DISTRRICT.

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THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPT., SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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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 of Certiorari to call for the records relating to and in connection with the impugned Proc., R.No.3248/V/4 dt-02.05.2024 issued by the 1^st Respondent and set aside the same by declaring them as illegal, unjust, arbitrary and Violative of Article 14, 16 and 21 of Constitution of India and also contrary to Rule 20 of AP CS (CCA) Rules, 1991 and consequently, direct the Respondents to reinstate the Petitioner into the service forthwith, with all service and monetary benefits and to pass

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IA 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 may be pleased to suspend the operation of the impugned Proc., R.N0.3248A//4 dt-02.05.2024 issued by the 1^st Respondent and direct the Respondents to reinstate the Petitioner into the duty, forthwith, pending disposal of the above writ petition and to pass

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IA NO: 1 OF 2026

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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 May be pleased to grant leave to the respondent No.1 to file the counter affidavit and pass

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Counsel for the Petitioner:

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1.POODATTU AMARENDER

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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THE HONOURABLE SRI JUSTICE D.RAMESH

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ORDER:

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The Writ Petition is field under Article 226 of Constitution of India for the

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following relief:

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“…to issue a writ of Certiorari to call for the records relating to and in connection with the impugned Proc., R.No.3248/V/4 dt-02.05.2024 issued by the 1^st Respondent and set aside the same by declaring them as illegal, unjust, arbitrary and Violative of Article 14, 16 and 21 of Constitution of India and also contrary to Rule 20 of AP CS (CCA) Rules, 1991 and consequently, direct the Respondents to reinstate the Petitioner into the service forthwith, with all service and monetary benefits and to pass…”

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The Writ Petition is filed assailing the order dated 02.05.2024 issued by the 1^st respondent terminating the service of the petitioner. Against the same, the petitioner preferred an appeal under Section 33 of A.P.C.S. (CC&A) Rules, 1991 before the 1^st respondent. Despite the same, the 1^st respondent has not considered and did not pass any order.

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The grievance of the petitioner is that there are three charges against the petitioner. Charge Nos.1 and 2 pertain to abstaining the duties without obtaining proper permission from the competent authorities. Infact on perusal of the impugned charges, they clearly depict that the petitioner was in judicial custody from 02.06.2009 to 12.06.2009 and hence he could not attend the duties. The 3^rd charge is with regard to the fabrication of fake documents. One crime is registered against the petitioner in C.C.No.103 of 2010 and the said C.C. was ended in acquittal. In the said circumstances, when the charges are identical to that of criminal proceedings and when that criminal proceedings ended with acquittal, the department should have dropped the charges based on the acquittal granted by the Competent Court. The said aspect was

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considered by the Hon’ble Apex Court as well as by this Court in catena of Judgments. But surprisingly, the respondents have not considered the said issue by entertaining the appeal filed by the petitioner. Hence, the Writ Petition.

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Considering the said submissions and without going into the merits, the respondents, more particularly, the 2^nd respondent is directed to consider the appeal filed by the petitioner by taking the observations made by the competent criminal Court in C.C.No.103 of 2010 on the file of the learned Special Judicial Magistrate of First Class for Prohibition and Excise, Guntur and pass appropriate orders. The respondents are also directed to consider the case of the petitioner with regard to the quantum of punishment, within a period of three (03) months, from the date of receipt of a copy of this order.

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