High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or direction in the nature of Mandamus, declaring the action of the 2nd Respondent in refusing to provide a No Objection Certificate and relieving the petitioner from the post of Civil Police Constable (11 i 61), despite his selection and appointment to the post of Junior Assistant, as illegal and arbitrary. The time for joining the new post expires on 12.2.2025 in pursuance of the appointment order dated 4.12.2024 and the consequential posting order dated 12.12.2024. The refusal is without any conviction in pursuance to the registration of Crime No. 136/24 and the filing of a charge sheet before the competent criminal court, thus violating Articles 1 4, 16, and 21 of the Constitution of lndia. lt is further prayed that this Honorable High Court direct the 2nd Respondent to relieve the petitioner with proper relief and provide a No Objection Certificate for accepting the new employment as a Junior Assistant IA NO:10F 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue an interim direction directing the 2nd Respondent to immediatery rerieve the petitioner from the position of civir porice constabre (1 1161) with appropriate relief, dury providing a No objection certificate to enabre the petitioner to join the new emproyment as Junior Assistant, pending the disposar of the above writ Petition. Counsel for the petitioner: SRl. MADDELA RAVTNDER Counsel for the Respondent Nos. 1&2: Gp FOR HOME Counsel for the Respondent No.3: SRI S. BHOOPAL REDDY. SC The Court made the following: ORDER I THE HON'BLE SRI WSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 36A2 of 2025 ORDER: This writ petition is filed seeking the following relief: ".....to issue a lhril, Order or direction in the nature of Mandamus declaring thc action of the 2d Respondent in refusing to provide A No Objeclion Certificate and relieving the petitioner .from the post of Civil Police Conslable (l I l6l ) despite his selection and appoinlmenr to lhe post of Junior Assistant as illegal and arbilrary' The time for joining the new post expires on l2'2 2025 in pursuonce of the appointment order dated 4 t2 2024 and the consequential posting order dated l2 l2'2024' The refusal is $'ithout an)' conviclion in pursuance to the registratiott of Crime No'136/24 and the filing of a charge sheet beJbre the competenl criminal court thus violating Articles 11. !6 and 2t of the Constitution of lndia. It is furrher proyed that this I'lonorable High Courl direct the 2d Respontlent to relieve the petitioner with proper relie.f and provide a 'No Obiection Certificate' for accepting the new empktyment as a Junior Assistant'' Heard Sri Maddela Ravinder' learned counsel 2 appearing for the petitioner and the learned Government Pleader for Home appearing for the respondents' 2

3. Brief facts of the case are as follows :- (i) The petitioner was recruited as a Civil police Constable on O9.|O.2O2O under the 2nd respondent Commissionerate. On 3O.O5.2O24, a case in Cr.No.136 of 2024 was registered against the petitioner for the offences punishable under Sections 384, 419 and l7O read with Section 34 of IPC, which were subsequently altered to Sections 341, 384,419 and 170 read with Section 34 of IPC. The petitioner was arrested on 02.06.2024 and granted bail on 20.06.2024. Consequently, he was placed under suspension on 2O.O2.2024. While so, the Telangana State Public Service Commission issued a recruitment notification for Group-IV Services for various posts on ot.12.2022. (ii) The petitioner submitted an application for the post of Junior Assistant. Based on merit, the petitioner,s case was considered for selection and he was asked to attend for the certificate verification with a .No Objection Certiflrcate' from his current employer i.e., )na respondent. I -:) In July, 2024, the 2.d respondent issued a NOC to the petitioner to attend Certificate Verification for the Group IV post. (iii) On 04. 12.2024' the 3"t respondent issued an appointment order to the petitioner and the petitioner has received the posting order on 12'12'2'204 for the post of Junior Assistant in the 3'd respondent Institution' wherein he is instructed to report within sixty days with all original certificates. On 30-12'2024, tine petitioner submitted a respondent requesting for representation to the 2nd and for reinstatement' On revocation of his susPension has submitted another 08.01.2025, the Petitioner representation requestlng to relieve him from his current join in the 3'd emploYment so as to enable him to or the other, the respondent Institution' On one pretext respondents have not issued the relieving order' Hence' the present writ Petition' 4. Learned counsel appearing for the petitioner submits that the petitioner is appointed for the post of Junior 4 Assistant in the 3.a respondent Institution. However, the

2.d respondent has not issued the relieving order to the petitioner ald refusing to issue the relieving order is illegal and arbitrary.

5. In support of his contentions, learned counsel appearing for the petitioner relied upon Rule 4 (d) of the Telangana State and Subordinate Service Rules, 1996 (for short the Service RulesJ, which reads as follows :- (d) No person who has been dismissed form a State or Central Government service or from the service o;/'Central or State Goyernment undertaking or local or other authorities or who has been convicted by a court of law for an offence involving moral turpitude shall be eligible for appointment to any State or Subordinate Sen,ice.

6. Learned counsel appearing for the petitioner submits that the petitioner is not suffering frbm any conviction and he has not dismissed from service. Therefore, the petitioner has a right to seek relieving order from the 2.d respondent. Therefore, appropriate orders be passed in the ,i -) writ petition by directing the 2.d respondent to issue the relieving order to the petitioner.

7. On 1O.O2.2O25, the learned Government Pleader appearing for the respondents took time for getting instructions. Today, the learned Government Pleader produced instructions before this Court, wherein the 2"a respondent stated as follows ". . . . It i.s respectfullg submitted that the petitioner Si K. Sikanth PC 11161 of thi"s unit utas acansed (A1) in Cr.No.136/2O24 U/5s.384, 419, 170 read uith 34 IPC registered at Sultan Bazar PS, Hgderabod Citq....". 4. DurirLg the course of inuestigation, it is reuealed that tte accused A1:K.Sikanth is uorking as Police Constoble (Ciuil) G.No.11161 at Nagole . PS, Rachakonda (Petitioner) was remanded for judicial arctodg from 02.06.2024 at 151O hrs to 26.06.2O24 at Central Prison, Chenchalguda, Hyderabad. Chorge sheet utas filed before the Hon'ble II ACMM Court, Nampallg, Hgderabad dulg prouing the Inuestigation as "Being a Police Constable, the petitioner, K.Sikanth, PC 11161 of thi.s unit is inuolued in such ciminal acts, by extorting the ualuables and demanding money from ciuilian posing himself as a Taskforce, uhich is intolerable f 6 in the disciplined Poltce force and Le is punishable U/5s.384, 419, 17O r/ut 34 IPC. The cose is presentlg under CC.No.15409/2024 at Hon'ble II ACMM Court, Nampally, Hyderabad. 'Pending Tfial'

5./l is submitted that, the petitioner Sri K. Sikanth PC 11 161 of Nagole PS of this unit is placed under suspension w.e.f. 02.06.2024 uide this ofrtce D.O.No.3134/2O24, Rc.No.2S9/O9-S/14/pR- 1/RCK/2024, dt. 2O.O7.2O24 and his szspension peiod was extended for further penod of (06) Months beyond 02.12.2024 or till need for it ceases uide this office D.O.No.32O/2O25, Rc. No.2S9/O9- s/14/PR-1/RCK/2024, dt. 18.O1.2025 and he is still under suspension

6. It is respectfully submitted that, the petitioner Si K. Sikanth PC 11161 of Nagole pS of this unit is facing charges on the allegation of IJnauthorized. absent for duty and placed under suspension for his inuoluement in a Ciminal Case iznd. 'departmental proceedings pending against him,,. Hence his relieuing from the post of Police Constable from this unit is not acceptable ot this stage as per rules on his netu selection as Junior Assistant post in M.JPTBCWREI Societg under Prouiso of Rule 30 (a)(iil of fG Subordinate Seruice rules." 7

8. Learned Government Pleader appearing for the respondents submits that the petitioner is not entitled to seek relieving order from the 2"d respondent as per Rule 3O (a) (iii) of the Service Rules, which reads as follows :- (iii) in any other case, from the date of communication of such acceplance to the member or from such other date' not being earlier than the date on which he was last on duty, as the said authority may, having regard to odministrative exigencies, specify: Provided that the resignation of a member of a service shall not be accepted against whom disciplinary proceedings are instituted as per the provisions of the Civil Services (Classification, Control and Appeal) Rules' applicable to the State of Telangana from time to time or investigation, inquiry or trial is initiated: g. Learned counsel appea-ring for the petitioner submits that the above Rule 30 (a)(iii) is not.applicable to the case on hand, as there is no question of resignation in the instant case.

10. Having considered the rival submissions made by the Iearned counsel for the respective parties, this Court is of i I the considered view that the 3.d respondent issued the posting order to the petitioner on O4.I2.2024 for appointment to the post of Junior Assistant. The petitioner has received the appointment order on 12.12.2024, wherein he was directed to report within sixty days with a1l the original certificates. Basing on the said appointment order, the petitioner made representations on 30.12.2024 and O8.01.2025 seeking relieving order from the 2"a respondent. However, the 2"d respondent refused to issue the relieving order to the petitioner. In the instant case, respondent issued Memorandum 2"d Rc. No. 365/ 1 1 / PR-V/ Maj or / RCK/ 2022, dated O2.O t.2O22 and a case in Cr.No. 136 of 2024 was registered in the year

2024. Though the departmental proceedings are pending against the petitioner from 2022 onwatds, so far, there is no progress in the investigation. If the petitioner is not relieved from the 2"d respondent, he will lose the charrce of new appointment in the 3.d respondent Institution. Further, as alleged by the petitioner,s counsel, the 9 petitioner has not suffered any conviction and he has not dismissed from service. Therefore, the petitioner is entitled to get relieving order from the 2"d respondent'

11. tn view of the foregoing observations' the 2nd respondent is directed to issue the relieving order to the petitioner from the post of Police Constable (Civil) mentioning all the details with regard to pendency of the cases against the petitioner, forthwith' t2 Accordingly, the writ petition is disposed of' No order as to costs. Pending miscellaneous petitions, if any' shall stand clo sed. To, /TTRUE COPY/' ^33[lJIl',Jtt\3".'^'J sEcTloN orrtCeR I I l+wH,m,m**,[M BH..PAL REDDY' sc roPucr ; ltt tgir'*Sf s BM HIGH COURT DATED:1 110212025 ORDER WP.No.3682 of 2025 CC TODAY HE STA 14: 1 (,a ( q ) 1 2 FEB "rl * D Fs pA.Tc IU fl1 ,+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS d @or %