Sikharam Surendra Chari Vs The State of Andhra Pradesh

<to issue an appropriate Writ, Order or direction especially one in the nature of writ of certiorari calling for the proceedings pertaining to Order dated 29-03-2023 in C.N.72/Appeal/2021 (ROO.No. 3557/2023 of the 3rd respondent, confirming the Order dated 22-10-2021 in C.N.105/A7/OE-PR/2020 (ROO.No. 860/2021 passed by the 2nd respondent, in dismissing the Petitioner bearing PC. No. 4201, working as Constable at Inavole P.S. of Guntur District as being arbitrary, illegal, contrary to law and opposed to the principles of natural justice and quash the said orders/proceedings and consequently direct the respondents to reinstate the Petitioner as constable with consequential benefits and for such other and further orders…=

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Heard the learned counsel for the petitioner and the learned Government Pleader for appearing for the respondent Nos.1 to 3.

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The present writ petition is filed aggrieved by the termination order dated 22.10.2021 and the consequential confirmation order dated 29.03.2023 issued by the competent authority.

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The petitioner was appointed as Police Constable (Civil) and was allotted to Guntur Urban vide proceedings dated 18.01.2012. While he was discharging his duties there, he was placed under suspension on 15.07.2019 based on a complaint lodged by Sri T. Sanjeev Reddy, father of T. Siva Naga Malleswari. In his statement, the complainant alleged, inter

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alia, that the petitioner had married his daughter and, during the subsistence of the said marriage, contracted a second marriage with another woman. Based on the report submitted by the said T. Sanjeev Reddy, Crime No.173 of 2019 was registered on 14.07.2019 for the offences punishable under Sections 420, 493, 494, 495 and 498-A of IPC. Simultaneously, the respondents initiated departmental proceedings against the petitioner. Upon conclusion of the enquiry, and based on the enquiry report, the 2^nd respondent passed the impugned termination order dated 22.10.2021.

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A perusal of the impugned order reveals that, except referring to G.O.Ms.No.458, G.A. (Ser.A) Department, dated 22.09.2009, which stipulates that in all proved cases of misappropriation, bribery, bigamy, corruption, moral turpitude, forgery and outraging the modesty of women the penalty of dismissal from service shall be imposed, no independent reasoning is assigned. Accordingly, the services of the petitioner were terminated on the ground that the charges stood proved against him. Aggrieved thereby, the petitioner preferred an appeal before the 3^rd respondent. However, the said appeal was rejected by order dated 29.03.2023 without, properly considering the facts and circumstances of the case. While the appeal was pending, the petitioner had also filed Criminal Petition No.7460 of 2019 seeking quashing of the criminal proceedings in Crime No.173 of 2019. This Court, by order dated 09.02.2023, allowed the said criminal petition and quashed the

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proceedings in Crime No.173 of 2019 on the file of Sattenapalli Town Police Station. The petitioner contends that the said order of quashment has not been taken into consideration by the respondents while rejecting his appeal. Hence, the present writ petition.

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Replying to the said contentions, the learned Government Pleader for appearing for the respondents, relying upon the counter affidavit filed by the 2^nd respondent, strongly opposed the writ petition. It is submitted that the petitioner reprehensibly contracted a second marriage by deceiving his first wife, and that a crime was registered against him on the said allegations. It is further submitted that, on perusal of the enquiry report, it was established that the petitioner, with mala fide intention, cheated Smt. T. Siva Naga Malleswari, WPC 6811 of Sattenapalli Rural Police Station, and harassed her in order to get rid of her from his life, thereby attracting the offences alleged in Crime No.173 of 2019 under Sections 420, 493, 494, 495 and 498-A IPC. Taking the said facts and circumstances into consideration, the disciplinary authority, in terms of G.O.Ms.No.458, G.A. (Ser.A) Department, dated 22.09.2009, rightly imposed the punishment of termination from service.

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The learned Government Pleader further brought to the notice of this Court that, subsequent to the rejection of the appeal by the 3^rd respondent on 29.03.2023, the petitioner filed a revision petition before the Director

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General of Police, Andhra Pradesh, Mangalagiri, on 03.05.2023, and the said revision is still pending for consideration.

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Considering the rival submissions and upon perusal of the material available on record, it is evident that the respondents conducted a departmental enquiry and passed the impugned order. This Court is not inclined to go into the merits of the matter. However, it remains a fact that the criminal proceedings in Crime No.173 of 2019 on the file of Sattenapalli Town Police Station were quashed by this Court by order dated 09.02.2023 in Criminal Petition No.7460 of 2019, though the said order was passed subsequent to the disposal of the appeal preferred by the petitioner.

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In view of the submission made by the learned Government Pleader that the revision petition is pending before the Director General of Police, liberty is granted to the petitioner to place the order dated 09.02.2023 passed by this Court in Criminal Petition No.7460 of 2019 before the revisional authority. The Revisional authority is directed to consider the revision petition filed by the petitioner by taking the observations made in the said criminal petition, and pass appropriate orders after affording an opportunity of hearing to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.

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