N. Ramachandraiah v. The State of Telangana

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of MANDAMUS by declaring the Order in Rc.No.TSPF/A3lPRl36l2O23 (O.O.No.HC-14712023) dated 30.12.2023 issued by the 3rd respondent wherein imposed the punishment of " RTSP for Two Stages" for a period of Two Years with cumutative effect on future increments and consequential orders in Rc.No.TSPF/A31PRI 3612023-24 O.O.No.A-9612024) dated 03.04.2024 of the appellate authority rejecting the appeal submitted by the petitioner in routine and mechanical manner without considering any of the grounds raised by him is in violation of principles of principles of natural justice and also in violation of Fundamental Rights Guaranteed by the constitution of lndia and set aside the same with a consequential direction to the respondents to release all consequential benefits. IA NO 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court ntay be pleased to suspend the Order in Rc. No.TSPF I A3lPRl36l 2023 (O.O. No. HC -1 47 12023) dated 30.12.2023 issued by the 3rd respondent and its consequential orders in Rc.No.TSPF/A3/ PR/ 3612023-24 (O.O .No.A-96 I 2024) clated 03.04.2024 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI NAYAKAWADI RAMESH Counsel forthe Respondents: GP FOR HOME The Court made the following: ORDER I , TI{E HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITI ON No. 8368 of 2025 ORDER: This Writ Petition is filed bY the Petitioner seeking the following relief: "...to rasue L't Wit or order or direction' more partianlarlg- a.Wit,of ur'r,aiirt, in.t .ng the ordii in Rc No'TSPi/ A3/ PR/ 36/ 2023 o ofr'Ji|tiz) iiis iot'a so tz zozs issued ba the srd resporvTent Liii-t^i"".i t'he punisttrnent oI Rr.P for '"*: -2'?!:'-:: " ellad on fitlure iru'rements ;;:;:t:;;i ;*" Ypars LL)ih 'unrutoriie "ond'-"o,,*oclu.ntial or(1Pt\ it Rc Nu'TSii/ AJ/ PR/ Jo/ 2o23240 () 30 12 2o23 issued bv the 3rd respondent K;;i:;;;n;;;"iec1 the puni'shment o! RTSP for Tlto s'tages Jor a i)*ila ,i*i.i" i;, Years taith atmutatiie effect on future-incre e'nt:' ;;;;;;;i """ii.i."ii"r,"L orders itt p.-'uo.rspp:7 as/ ptt/ 36/202324. (o o No.As6/2024) (l.Lted o3.ui.2024 of the "ppa!"'1--1i]!'its l"i".ti,ii'riZ Lpp'eat subnittei- iv tt'e pa'ri'n"-' ^':-^':::l:,-i"o rarsed nechanical manner tt)ithout co"siien'111 ong ol the -grountls blt him is In uiolation o1 pnnr:iptit of pnniples-of na:i':: f:t*" Z'i,;";L; ;; ;;;;;;; iJ t'u^iiii"t"t- rLghis cuaranteed bs the the sime 'ith Q cotusequential Coftstitutbrt of Indio rrnd ""'Ii;'iirr- directiontotherespondefttsii'"t"o""Qllcotse'quentidlbenefts and Pc,ss such otller ot<7er etc " 2 Heard Mr. N.Ramesh, learned counsel appearing for the petitioner and learned Government Pleader for Home appearing for the respondents.Perused the material on record'

3. Learned counsel for the petitioner submits that the petitioner frled the present writ petition aggrieved by the Order in Rc.No.TSPF/A3 lPRl 36 I 2023 (o'O'No'HC 147 12023\' 3O.I2.2O23 issued by respondent No'3 wherein imPosed the punishment i.e., "RTSP for two stages for a period of two years with cumulative effect on future increments' and consequential rejection orders dated O3'O4 '2024 of the Appellate arrthoriff vide \-rf 2 Rc. No.TSPF/ A3 I PR / 36 / 2023-24 (O.o. No.4-96l 2024). Aggrieved by the rejection orders, the petitioner preferred Revision petition with a request to set aside the punishment orders ald release all I the benefits attached to the post. The grievance of the petitioner is that till today, the authorities have not passed any order in revision petition. Hence, the present writ petition.

4. Learned counsel for the petitioner further submits that the petitioner was initially appointed as Police Constable in Special Protection Force in the year 1994. Thereafter, he was promoted to the post of Head Constable in the year 2O16. While working as Head Constable, a complaint was lodged against him, stating that he had made false allegations against his superior officers and absented for the duties assigned at the Hon'ble the Chief Justice (Bungalow). Based on the above complaint, the respondents issued Articles of Charges through Memo vide Rc.No.TSPF/A3 I PR / 36 / 2023, dated O3.O t.2023. In response to the said charge memo, the petitioner submitted explanation on 17 .O2.2O23 stating that he has not committed anv mistake as alleged in the charge memo. Thereafter, the petitioner faced punishment i.e., "RTSP for two stages for a period of two years with cumulative effect on future increments" imposed by ,at ---,- : i respondent No.3 by order dated 30'12'2023 vide Rc. No.TSPF/ A 3 I PR I 36 I 2023 (O' O' No' H C- | 47 I 2023\'

5. Learned counsel for the petitioner further submits that aggrieved by the punishment orders, the petitioner preferred an appeal before the appellate authority on 17 'Ol '2024 requesting the authorities to set aside the punishment orders' But the appeilate authority rejected the said appeal ot O3 'O4 '2024 vtde Rc. No.TSPF/ A 3 I PR I 36 I 2023 -24 (O'o'No' A-96 I 2024)' It is further submitted that aggrieved by the rejection orders' once again the petitioner preferred a Revision Petition requesting to consider his claim for setting aside the said punishment orders and release all the benefrts attached to the post' But, the same is pending for consideration before respondent No'2'

6. Having considered the submissions made by both the learned counsel and without going into the merits of the case' the directed to <lispose of the revision respondent authorities petition and pass appropriate orders in accordance with law' within a period of six (06) weeks from the date of receipt of a copy of this order. 4 7 . With the above direction, 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. SD/.A. SRINIVASA REDDY REGISTRAR .I'ANT ASSI To, //TRUE COPY// I ECTION OFFICER '1 . The Principa^l Secretary, Home (Ser.lll) Department, Secretariat Buildings Hyderabad, State of Telangana.

2. The Director General of Police, Special Protection Force (SPF), 4th Floor, Buddha Bhavan, Secunderabad

3. The.Commandant (TSPF), KTPS Unit, Palvancha, Badradri Kothagudem District

4. One CC to SRI NAYAKAWADI RAIMESH, Advocate IOPUCI 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR BS s HIGH COUR'I- DATED:2010312025 ORDER WP.No.8368 of 2025 fHE Sr4 e I I 01 t4AY nn a o,r lrt rf fr 1-- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS W, I : I