N.Veerabhldram v. 1. The Commissioner of police

Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ more in the nature of writ of Mandamus or any other writ order or direction, to declare the action of the Respondents in not reinstating the petitioner as Home Guard, though he passed alr the events conducted by the respondents pursuant to the directions of the Hon'ble court in wp. No.59B1/2014, dated 0410912018 as illegal, arbitrary, unconstitutional and void being violative of Arts.'14 and '16 of the constitution of lndia and consequenfly direct the Respondents to reinstate the petitioner into service as Home Gurad with all consequential benefits. ' lA No: 1 0F 2021 Petition under Sr:ction 1 51 CPC praying that in the circ Jmstances stated in the affidavit filed in s,upport of the petition, the High court nray t'e pleased to direct the Responclentsi to reinstate the petitioner into service as Home Guard forthwith pending d ispo sal of the above writ petition' Counsel for the Petitioner: SRI RANGARAJULA RAJASEKHAIfA RAO Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PET oNNo.90 5()F 202L ORD ER: Heard Sri R.Rajashekhar Rao, learned couniel appearing on behalf of the petitioner and tearned Assistant Government pleader for Home appearing on behalf of the respondents. 2 e etiti ner as under: e u a writ more any other "...to issue a the nature of Writ of Mandamus or order or direction, to declare the action of the Respondents in not reinstating the petitioner as Home Guard, though he passed all the events conducted by the respondents pursuant to the directions of the Honble Court in Wp.No.59B1/2014, dated 04/09/2018 as illegal, arbitrary, unconstitutonal and vo.id being violative of Arts.14 and 16 of the Constitution of India and consequenUy direct the Respondents to reinstate the petitioner into service as Home Guard with all consequential benefits and to pass..."

3. It is specific case of the petitioner that the Respondents are not reinstating the petitioner as Home Guard, though the petitioner passed all the events conducted by the respondents 2 SN, J pursuant to the directions of the Honble Court in WP.No.59B1/2014, dated 04.09.2018 as iilegal, arbitrary, unconstitutic nal. Aggrieved by the said action of the respondents, th(l petitioners preferred the present w-it prltition. PE SED THE RECO RD:

4. The cou nte f led nb alf of the ito9are resoondent 1 and tno artic ular para Nos. extracted hereu n -before

6. It i; submitted that aggrieved by the abo/e order of removal, the petitioner herein approached the High Court and file:d V/.p.No 24527/20L2 questioning the action of responcents; in not reinstating him as Home Gu lrd in spite of acquttal in criminal case vide CC.ruo. D4/nL7 on the file of It/ Addl. Judl. First Class Magistrate Warargal, dated 8-9-2011 a:; arbitrary and illegal. later, it *u, *tthd.u*n for. cherllenging the same t'he Adrninis;trative Tribunal. The petitioner herein had approacherj the then Andhra Praclesh Administrative Tribunal at Hydr:rabad and filed O.,\ Nc 9552/2012. The Tribunal has'is:;ued order dated L3-12-2012 and directed the respondents to continu€ the applicant as Home GuarJ' t,y issuing necessary.orders in this regard. Aggrieved by the abov6 order of Hon,ble Ap Adminiitrative"iribunat OateO 13-12_ 2012, ttre C;overnment filed Writ petition t,io :;gB1/2014 before the Hon'ble High Couft. 7. It is subntitted that the Hon'ble High Court w,:s p eased to dismi:;s the Writ petition No 59gt2014 on .t_09_2018 subject tc fotlowing conditions: , Th9! :he r.irst respondent i.e., the petitioner h,:rein shall be- subjectecr to a physicar test to rris fitness before b,:inq re-inducted in serv:: u, u io.u (;uard. An 'asce.tain I / J SN, J . gbiTliye and transparent procedure shall be adopted by the State and its officials in this regard and if the petitionei deserves, he shall again be enro'iled on the rolls of the Guards Organization. Enrolment of the petitioner Home shall, however. not have the effect of.conferring upon him the benefit of the continuity of service. seniority, arrears of pay etc., for all purposes. His enrolment would' be on par with fresh appointments. B. It is submitted that as per the directions of Hon,ble High court, the physical efficiency test was conducted and the petitioner qualified in it. Since petitioner;s enrollment would be on par with fresh appointments, antecedents verification was called for by the Commissioner of police, Warangal and the petitioner was directed to submit the Attestation Form. The petitioner submitted Attestation Form dated 23-07-20t9 and at Cot. NO. 11 oF the Attestation Form which read ',whether you were involved in any criminal case?',, he ticked 'No'. On verification, it was found that petitioner had furnished false information by suppressing his involvement in criminal case in Cr. no.46 of 2011 under Sec. 4t9 R/w 34 of IpC was registered against him at Wardhannapet pS. Though he was acquitted in criminal case vide CC. No I24/2Oft on the file of IV Addl. Judi, First Class Magistrate Warangal, vide order dated B-9-2011, he shoutd have fitteO- ihe retevant Columns in the Attestation Form 11(a) to 11(b) correcuy, instead of false information. He has also signed that the declaration that if the information given by h]m was found to be false and factual information is suppiessed, he would be disqualified for any service (including voluntary service) under the Government. Suppresiion of material information and making faise statement in the Attestation Form has a clear bearing on the cha racter/cond uct and antecedents of a person employed/to be employed. Cp, Warangal was requested by DGp, TS, Hyderabad to issue Show Cause Notice in this matter and take appropriate action.

9. In view of above, the Commissioner of police, Warangal had issued Show Cause Notice dated 2S/03/202L to ihe petitioner requiring him to furnish his explanation within 7 I ). 4 SN, J days 'ronr the date of receipt of the Show ('aus': Notice' But ttre petitioner refused to take Show Cause: Notice; therefore a panchanama was conducted on 21"O4-2O2L and firally pasted on the door of the house ol applicant' It is sutlmiited that the Petitioner/ applicant int(rntionally refusr:d t() take the Show Cause Notice and c':used further delay Tlre respondents will consider the castr of the petitioner for fresh enrollment as Home tluard, if he iubm ts erxplanation to the Show Cause Notice clated:25- O3-2C21 issued by Commissioner of Police, Warangal lt is subm ttec that suppressing all these facts petitilner had filed the \/Vrit Petition. Therefore, the writ pel:ition is liable to be disnlissed on this ground. 5, Learned counsel appearing on behrrif of the petitioner submits that the petitioner on an earlier occasion approached this Court by filing W.P'No' 2>-4527 ot 2012 questioning the action of the respondents in not reinstating the petitioner as Home Guard in spite of acquittal in Criminal Case vide CC.No.124 of 2O11, dated 08.09.2011 on the file of VII Additional First Class Magistrate, Warangal and subsequeht to the filing of the Writ Petition, the same had been withdrawn for challenging the same before the then A.P.Adrministrative Tribunal at Hyderabad and accordingly, the pt:titioner had filed O.A..No.9552 l2Ot2 on the file of the then AP.Administrative Tribunal at Hyderabad and the Tribunal had issued an order, dated 13.12.2O12 directing the I 5 SN, J respondents to continue the petitaoner as Home Guard by issuing necessary orders. Aggrieved by the said order of the A.P.Administrative Tribunal, dated L3.L2.ZOL2, the Government filed W.p.No.59g1 of 2O14 before this Court and the same is dismissed by this Court vide order, dated 04.09.2018 observing as under:- "1. The first-applicant shall be subjected to a physical test to ascertain his fitness before being re_inducted in service as a Home Guard. An objective and transparent procedure shall be adopted by the State and its police officials in this regard and if the petitioner deserves, he shall gain be enrolled on the rolls of the Home Guards Organization. 2. Enrolment of the petitioner shalt, however, not have the effect of conferring upon him the benefit of continuity of service senioraty, arrears of pay etc. for all purposes. His enrotment would be on par with fresh appointments.,,

6. Learned counsel appearing on behalf of the petitioner submits that in pursuance to the directions of this Court, dated O4.O9.2O18 passed in W.p.No. 5981 of 2O14, the physical efficiency test was conducted and the petitioner qualified in the subject test, but however the petitaoner had not received any order of appointment. Aggrieved by the same, the petitioner approached this Court by filing the Writ Petition. 6 t-I\, \l SN, J -.-.-- :l '..1

7. Learned Assistant Government Pleadr:r for Home appearingl on behalf of the respondents pla cing reliance on the counter affidavit filed on behalf of thr: respondent No.1 (referred to and extracted above) cont(:ndsi that the petitioner srrbmitted Attestation form at the time of seeking employment, dated 23.O7.2OL9 and at column No.11 of ther Attestation form which soughl: inf'ormation pertaining to petitioner's involvement in any criminal case, petitioner ticked the answered Ers "No", on verification, iit was found that the petitioner trad furnished false information by suppressing petitioner's involvement in Criminal Case in Cr.No.49 of 2011 under Section 419 read with 34 of IPC which was registered against the petitioner at Wardhannapet P.S. and the p,=titioner had been issued show-cause notice, dated 25.03.2021 by the Commissioner of Police, Warangal, but however the petitioner ref,used to receive the same and hernce, the said notice was pasted on the door of petitioner's house.

8. Learnecl Assistant Government Pleadt:r for Home appearino on behalf of the respondents further submits 7 SN, J that upon the petitioner furnishing the detaaled explanation to the show_cause notice, dated 25.03.2021 issued to the petitioner, the request of the petitioner,s would be considered for appointment as Home Guard. 9 Learned counsel appearing on behalf of the petitioner submits that as on date show_cause notice, dated 25.03.2021 had not been furnished to the petitioner and upon the 1"t respondent furnishing the same to the petitioner, the petitioner would submit a detailed explanation in response to the show_cause notace dated 25.03.2021 issued to the petitioner within a reasonabte period and thereafter, the same may be directed to be considered by the l"t respondent in accordance to raw. T n n r o a) The aforesaid facts and circumstances of the case. b) The submission made by the learned counset appearing- on behatf of the petitioners and learned Assistant Government pleader for Home behalf of the respondents appearing on 8 SN, J c) The order of this Court, dated O4'O9'20113 passed in W.P.No.598 L ot 2f.L4 (referred to and extracted above)' d) The averments made an the counter affidavit filed on behalf of the respondent No'1 (referred to ard extracted above). e) The t'act as borne on record that the show-cause notice, dated 25.O3.2O21 issued to the petitioner by the 1st respondent had not been furnished to the petitioner and had been pasted on the door of the petitirlner's house even according to the averments made at F'ara No'9 of counter affidavit filed on behalf of the responrlent No'1 The Writ Petition is disposed of directing the 1st respondent to furnish the copy of the show-(:ause notice' dated25.03.'2024tothepetitionerhereinwithinaperiod of one (O1) rrueek from the date of receipt ol' copy of the order anrl upon the petitioner receiving th€r said show- cause noticer, dated 25.O3'2O2L of the 1st respondent a detailed is directed to furnish petationer to the said show-cause nr)tice, dated explanation 25.O3.2O21 rnrithin a period of two (O2) weeks thereafter to the 1st respondent herein, the 1st respondent upon herein, the 9 SN, J receipt of the said exptanation furnished by the petitioner in response to the show-cause notice dated 25.O3.2021 issued to the petitaoner within thai time period as stipulated as above is directed to decide the subject issue pertaining to reinstatement of the petitioner as Home Guard in accordance to taw in conformity with principles of natura! justice by providing an opportunity of personal hearing to the petitioner within a period of four (O4) weeks thereafter and pass appropriate orders and duly communicate the decision to the petitioner. However, there shatl be no order as to costs, Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPYII SD/. K DEPUTY REGI AJI R SECTION FFICER To, Hyderabad. Hyderabad. '1. The Commissioner of police, Warangal Commissionerate, Warangal. 2. The Additionat Director Generar of p;iid ad;6-duarosy,'reGngina state, 3. The Commandant, Home Guards, T/R Amberpet, Telangana State, 4. fhe Principal Secretary, Home Department, Secretariat, The State of 5. One CC to Sri Ranoaraiula.Rajasekhara Rao, Advocate tOpUCl 0. L*g CCs to Gp foiHorhe, Hisii 6J;ii;r d; sia"te or rerhng;n; at Hyderabad [OUTI 7. Two CD Coiies ' Telangana, HvderabatJ. TJ PS a- I I HIGH COURT CC TODAY DATED:07 10412025 ORDER WP.No.9066 ot 2021 =:12r,E S TA 16. o 1 i)\ i 21 AIH zrzs ,''',,, \:. * '\. +. a I rt- .,1 - a\r' ,,--..-.:.;-;- o + DISPOSIN OF THE WRIT PETITION WITHOUT COSTS