WRIT PETITION NO: 817 OF 2025 v. 1. The State of Telangana

Petition under Aiicte zza of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos. 3 to 4, in not considering the representation dated.0610812024 regarding reinstatement of petitioner in the post of Home Guard in accordance with the rules as being illegal, arbitrary and violative of Articles of 14 of the Constitution of India and consequently set aside the impugned order vide C.No. 173lR1-H GsMCPI2O24, C.O.No.15/2024, dated.31lO7l2O24 and be pleased to hold that petitioner is entitled to be reinstated into service with all consequential benefits in the interest of justice lA NO: 1 OF 2025 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 order, vide C.No-173/R1-HGsluliCPl2024, C.O.No.15i2024 dated .31107 12024 with direction to the Respondent Nos. 3 to 4 to reinstate the petitioner into service pending disposal of the above writ petition IA NO: 2 OF 2025 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 direct the Respondent Nos 3 and 4 to consider the written explanation given by the petitioner dt. 2310112025 in reply to the show cause notice dt. 2.110912024 and 3011112024 Counsel for the Petitioner: Ms. MUKKERA SAHITHI SRI KAVYA Gounsel for Respondents: GP FOR HOME The Court made the following: ORDER ;l ^/ !i,l / THE HON'BLE SRI JUSTICE NAMAVARAPU RA"'ESIIWAR RAO Writ Petit ion No.817 of 2O25 t/ ORDER: This writ petition is frled seeking the following relief ..to d.eclare the action of the respondent Nos'3 to 4, in not cortsideing the representation dated 06 08 2024 regarding reinstatement of petitioner in the post of Home Guard in accordance uith the rules as being itlegal, arbitrary and uiolatiue of Articles of 14 of ttrc constitution of India and conse-quentlg set o'side the impugned ord,er uide C.No.173/Rl HGs/ WCP/ 2024' C.O.No.|S/2024, dated 31.07.2O24 and pleased to hold tLwt petitioner is entitted to be reinstated into seruice with all consequentiat benefits and pass such other order or orders.." ''l'

2. Heard Ms. Sahithi Sri Kavya, learned counsel appearing for the petitioner and the learned Government Pleader for Home appearing for the resPondents.

3. Learned counsel appearing for the petitioner submits that the petitioner is working as Home Guard (H G'No' 1198) at Central Warehouse Corporation, Yenumamula Unit' While so' on O}.OT.2o24,duetoillhea,lth,thepetitioneravailedfour(O4)days leave. Unfortunately, after four (04) days, his health condition did not improve, therefore, he did not attend duties till -.:ia r' 2 wP 817_2025 RRN. J 77 .O7.2O2,+. Thereafter, he made a representation on 18.O7.2024 through WhatsApp to the P.W.C. Manager with a request to sanction Ie:ave on medical grounds from 09 .O7 .2024 to 3t.o7.202,+.

4. Leamr:d counsel appearing for the petitioner further submits that on 25.O7 .2024, the petitioner made a representation to the Honre, Guard Division Inspector of Police with a request to grarrt leave :rom 20.O7.2024 to 20.Oa.2024 by enclosing relevaxt ,l: medical cr:rtificate. While so, on 31.O7.2024, the petrtioner received a suspension order dated 31.07.2024 from the ofhce of the Reserye Inspector of Police vjde C.No.173/R1- HGs/WCP7'2|O24, stating that he along with another involved in Cr.No.317 of 2024 for the offences punishable under Sections 417, 42O read with Section 34 of IPC of Hanamakonda police Station ancl the petitioner was suspended due to gross negligence towards discharging legitimate duties and causing in,:onvenience to the department. The petitioner also hled a. civil suit vide O.S. No.619 of 2024 for lodging a false complaint against hrm.

5. Lear-neC counsel appearing for the petitioner further submits that after frling of the writ petition, the petitioner / I J wP 811 2025 RRN, J submitted an explanatio n oL 23.0!.2025 to the Commissioner of Police, Warangal, regarding the aforesaid suspension order dated 31 .O7 .2024 stating that he had been falsely implicated in the above mentioned crime and prayed to revoke the suspension and to reinstate him into the servrce. l,earned counsel appearing for the petitioner further 6. submits that appropriate orders to be passed in the writ petition directing the respondents to consider the explalation subnlitted by the petitioner on 23.01.2025 and pass appropriate orders in accordance with law. T.Ontheotherhand,learnedGovernmentPleaderappearlng for the respondents submits that in the letter dated 24'Ol '2025 vide C.No.31/RI-HGs/WPCl2025, it is stated that a show cause notice has been prepared, but the petitioner did not take the show canrse notice and has not submitted his explanation' Subsequently, the ACP, CSB, Warangal' conducted an independent inquiry and submitted his report stating that the HG No.1198, along with his family members' have cheated 1O persons i.e., Rs.2O lakhs @ Rs'2 lakhs from each person' on the false promise of providing Home Guard jobs to them' .-. .a 7:: 4 wP 817 2025 RRN, J

8. Learnt:d Government Pleader appearing for the respondents further subrlits that two cases were registered vide tlr.No.317 of 2024 for the offences punishable under Sections 417 and 42O read with S,3ction 34 of IPC of Police Station Hanum.akonda and Cr.No.316 ctf 2024 for the offences punishable under Sections 417, 42O,294(b) and 506 read with Section 34 of IPC of Police Station Narsiampet, against the petitioner and others. During the course of in,zestigation, their involvement was established;r,Later, final shorv cause notice was also prepared, but the petitioner did not take the said notice nor submitted his expianation. Accordinglv, the entire records of the petitioner were placed before the disciplirLary committee meeting held on 17.01.:1025 at the Chamber oI the Commissioner of Police. Warangal. The committee has carefully examined the entire records and material enquiry report, and decided to keep it pending due to pendency of criminal cas,--s. Therefore, there are no merits in the 'writ petition and the sarne is liable to be dismissed.

9. In vier.l' of the above submissions made by both the learned counsel, the respondents are directed to consider the explanation submitted bl, the petitioner on 23.O7.2025 and pass appropriate orders in accordance with law, within a period of eight (Og) ,"veeks 5 wP 8I7 2025 RRN, J from the date of receipt of a copy of this order and communicate the same to the Petitioner.

10. Accordingly, the writ petition is disposed of' No order as to costs. As a sequel, miscellaneous applications pending' if any' in this Writ Petition, shall stand closed' \ \ To, //TRUE COPY// Sd/. L ASSIST L TRE BABU TRAR E TION OFFICER Secretariat Buildings, Hyderabad

1. The Principal Secretary Department of Home Affairs, State of Telangana, 2. The Director General of Police, State of Telangana, Hyderabad 3. The Commissioner of Police, Warangal District. 4. The Urban Reserve Inspector of Police, Home Guards, Warangal District. 5. One CQ to lVls. Mukkera Sahithi Sri Kavya Advocate [OPUC] 6. Two CCs to GP For Home, High Cou( for the State of Telangana. [OUT] 7- Two CD Copies MBC s HIGH COURT ) RRN,J DATED: 2910112025 oC I rlE S r, rt t ) () o 18 TEB MM * > 2 a ,:, ?:,,, \ a a I ORDER WP.No.817 of 2025 B 6gce %{, DISPOSING OF WRIT PETITION WITHOUT COSTS