B.Dharmendar Vs The State of Telangana

Petition under A(icle 226 of lhe Constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Mandamus and direct the respondents to cancel the penalty imposed vide proceed ings in DO No. 1287 12020 daled 17 .07 .2020 and confirmed in RC No. A2371 Appeall2/NR/NZB/2020, dated 05 112020 RO No. 26812020 dated 05.11.2020 and direct the respondents to grant all consequential benefits to the petitioner including promotion as Head Constable on par with juniors w.e.f. 15.022018 and treat the perrod of srckness from 15.10.20'15 to 10.1'l .2015 as medical leave and period of suspensron from^'1 1 .11 .2015 to 13.04.2016 as duty and grant all other consequential benefits including salary for the said period.

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lA NO: 1 OF 2021

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Petitron under Section 151 CPC praying that in the, circumstances stated in the affidavit filed in support of the petition, the High rl )urt rxay be pleased to dtrect the respondents to promote the petitioner forthr,r, rt r as Head constable on adhoc basis.

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Counsel for the Petitioner : SRI K.R.K.V.PRASAD

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Counsel for the Respondents: GP FOR SERVICES (HOtllE)

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION N o.818O of 2O2L

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ORDER:

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Heard Sri K.R.K.V.prasad, learned counset appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services (Home) appearing on behalf of the respondents.

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The^petitioner a pproac hed this Court bv filinq the present writ Detition seekinq the Drav er as under:

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".....to issue a Writ, Order or direction more particularly one in the nature of Mandamus and direct the respondents to cancel the penalty imposed vide proceedings in DO No. t2B7 IZOZO dated 17.07.2020 and confirmed in RC No. A2-37/ Appeal-12/NRINZB/202O, dated 0s.11.2020 RO No.268/2020 dated 05.t1.2020 and direct the respondents to grant all consequential .benefits to the petitioner including promoilcn as Head Constable on par with juniors w.e.f. 15.02.2018 and treat the period of sickness from 15.10.2015 to 10.11.2015 as medical leave and period of suspension from 11.11.2015 to 13.04.2016 as duty and grant all other consequential benefits including salary for the said period and pass.......,,

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5 N,j '^i.P.No.8180²⁰²¹

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-he case oF the petitioner, in brief, i'^{t.iat while the} petitioner was working as a^{Constable, thr r-retitioner had} met u/lth a road accident^{in August20 !'andwas on} medical leavc. Durlng this^{period, the petil rner estranged} wife lodged a false^{complaint alleging dome't : violenceand} an illicit relationship,^{leadingto the registrat( n of a criminal} case against the^{petitionerand the} 1:litioner^was suspended on 05.11.2015.^{A charge memo v' -ls tssued, and} a disciplinary inquiry^{was conducted, but v' itilout affording} petitioner a fair opportunity or^{presentilr!any adverse} eviderrce. Subsequently,^{the petitioner walrpunishedwith} postponement of increments^{for two year:,affectinghis} future increments^{and pensionand his apptl tl w'ls rejected} by a non-speaking^{order. Aggrieved by 'l'esarne,the} petitrc,ner has filed the^{presentwrit petition'}

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Learned counsel appearing^{on behalf ( 1' the petitioner} submits that, aggrieved^{by theprc': redingsdated} 17.07.2020, as confirmed^{by the appellal: authority vide} orderr; dated 05.11.2020,^{the petitioner} 'r:;o^{preferred a} revision on 30.06.2022^{to the Inspector(le neral of Police,} West Zooe, Hyderabad^{Region, F yrlerabad The} Superintendent^{oF Police, Nirmal Dist[i'-t, incharge}

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S N,I W.P.No.8180 2021

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Commissioner of Police, Nrzamabad, vide proceedings dated 01 .07.2023, had set aside the punishment of postponement of increments (PPI) for two years with effect on future increments and pension. The suspension period from 11.11.2015 (afternoon) to 13.04.2016 was also treated as eligible leave by setting aside the proceedings dated 77.07.2020 as confirmed by the appellate authority on 05.11.2020. Therefore, learned counsel submits that the petitioner is entitled to the relieF prayed for in the present writ petition.

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Learned Assistant Government pleader, on instructions, does not dispute the submission made by the learned counsel appearing on behalf of the petitioner or the proceedings dated O7,O7.2023 issued in favour of the petitioner in the revision petition preferred by the petitioner on 3O.O6.2022. Therefore, this Court opines that the petitioner is entifled for consideration of petitioner's case for grant of all consequential benefits, in accordance to law.

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6. TAKING INTO CON SIDERATION:

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a) The aforesaid facts and circumstances of the

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case,

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SN,I ',^{P.No8180 2021}

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b) The submissions made^{by the le"r rned counsel} appearing on behalf of the^{petiticrnerand the} learned Assistant Government^Pleaderfor Services (Home) appearing^{onbr:half ofthe} respondents,

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c) The proceedings of the^{respo rdentNo.4-} Commissioner of Police, Nizamabacl^{vide No.A6-} t7O/PR/3L/ 2015 dated L7.O7.2024,

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d) The proceedings of the^{Inspectr;r General of} Police, Nizamabad Range^{videR.C.No.A2-} 37 / Appeal' L2l^N R- NZB/^{2O2O dated tl5. 1 1. 20 2Or}

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e) The order^passed in^{favour of the petitionerin} the revision^petition dated^{30.06.207-2,issued on} 07.O7.2023 indicating that the^{susp()nsaonperiod} had been treated as eligible leave,

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The writ petition is allovrr',:d,^{and the} respondents are directed to consider^{the request of} the petitioner for the^{release of all ::onsequential} benefits, including^{promotion as Head Constable on} par with the .petitioner's^juniors, witll^{effect from} 15.O2.2018, as^per the^{proceerlings dated} 07.O7.2023 issued by the Commissiotrer^{of Police,}

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Nizamabad District, in favour of the^petitionerin the revision petition filed by the^petitioner against the penalty imposed vide^proceedings dated L7.O7.2O2O of the 4th respondent and confirmed in appeal vide proceedings dated 05.11.2O2O of the 4th respondent, within a period of four (O4) weeks from the date of receipt of copy of the order and duly communicate the decision to the^petitioner pertaining to petitioner's request for release of all consequential benefits including^promotion as^Head Constable on par with^petitioner's Juniors w.e.f.15.O2.2018. However, there shall be no order as to costs.

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Miscellaneous applications, if any,^pending shall stand

closed.

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To,

SD .H S. GOWRI SHANKAR STANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Director General of Police, State of^Telangan elangana, Hyderabad

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