S. Easwar v. '1 . The State of Telangana

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order or direct on more'particularly one in the nature of Wntf Of MANDAMUS any other appropriate Writ or direction by declaring the action of the respondent authorities in terminating the services of the petitioner and removing his name in the Home Guards vide Home Guard No. 47 of the Rolls maintained by the respondent authorities without giving proper opportunity to him case-and also put forth his defenses and also without notice to re-represent him, even not serving the copy of removal as illegal, arbitrary and unconstitutional and also against thL principles of natural justice and consequently direct the respondentJ authorities to permit the petitioner by permitting to join him as Home Guard in the rolls of the Home Guards in the respondent department with all consequential benefits to him. -his 7 lA NO:'l OF 2022 Petition under Section i51 cpc praying that in the circumstances stated.in the affidavit filed in support of the petition, ine Hign court may ou jr"asuo to direct the respondenl authorities to permit the petitioner by permitting io;oin ni, as Home Guard in the rolls of the Home Guards in the respondent"oe jartment with all consequential benefits to him. Counsel for the Petitioner: SRI M. SALEEM Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER ---7 , THE HON'BLE SRI JUSTICE NAMAVARAPU RA]ESHWAR RAO WRIT PETITION N o.3974L OF 2022 ORDER: Heard Sri M. Saleem, learned counsel For the petitioner and the learned Government Pleader for Home for respondent Nos.1 to

4. Perused the material on record.

2. Learned counsel for the petitioner submits that the petitioner who is hailing from a backward class family in Warangal District, was appointed as a Home Guard in 2005, after successfully passing the required tests and he was directed to report in the Office of Director, Andhra Pradesh Police Academy, Himayathsagar, Hyderabad, and accordingly, he reported for duty at the Andhra Pradesh Police Academy on 23.07 .2005 and served diligently without any adverse remarks.

3. While so, on 26.05.2006, the petitioner was compelled to leave his place of duty and travel to his native place due to his mother's severe illness and he obtained permission from his superior officers. However, due to unforeseen circumstances, the petitioner was unable to return to his duty within the prescribed time. Thereafter, the petitioner was informed that his name had been removed from the rolls of Home Guards, and he was nct allowed to resume his duties. l

4. Learned counsel for the petitioner further submits that the petitioner has nrade several requests to the respondent authorities, seeking permission to rejoin his duties. But, the respondents have not considered hrs request. Additionally, the petitioner was never issued any notice or order regarding his termination and was not provided an opportunity to present his case, thus depriving him of a fair opportunity to be heard.

5. Learned [iov,:rnment Pleader appearing on behalf of the respondents, p ia cei on record a copy of the written instructions, which reads as fo il,: inr s "Sri S.Easvra. S/o Venkataram Narsaiah HG 47 was enrolled es OD Home Guard vide DO.No.6fi/2A05, RC.No.5/RI/HGOiCY8/2005, dated 02.04.2005 of Commission::r t,f Police. Cyberabad and he was passported to APPA, A P for further duties. The petitioner himself absented frtnt duties without any prior information to superiors frorr 2006 as per affidavit submitted by petitioner aitd the above absent period was agreed by petitioner. In this reqard no absent report was received from APPA, A.P. dLte to which no notices was served to petitioner ano no other action was taken against petitioner. The petitioner iuas not removed from the rolls Home Guard Organizatton Cyberabad. Further it is ,:)t a,y'ed that, the petitioner was approached to Hon'ble Higll (.,oLt,t to consider his request for reinstate him in Service dftet d lepse of ( 16) years." Y

5. Learned Government pleader appearing on behalf of the respondents submits that the petitioner may be directed to submit a fresh representation to the respondents and the respondents would consider the same and pass appropriate orders in accordance with law.

7. In view of the above submissions made by the learned counsel For the respective parties, without going into the merits of the case, this writ petition is disposed of directing the petitioner to submit a fresh representation to the authority concerned within a period of two (2) weeks from the date of receipt of a copy of this order'. Upon such representation being made, in the evehi, the petitioner is found eligible for the physical test, the authority concerned shall also take the same into account and pass appropriate orders in accordance with law, within a period of four (4) weeks thereafter. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. //TRUE COPY// SD/. T. TIRUMALA DEVI ASSIST NT REGISTRAR CTION OFFICER \

1. The Principal Secretary, Home Department, The State of Telangana, Secretariat Buildings, BRKR Bhavan, Hyderabad. To,

1., l 7 \ Hyderabad.

2. The Additional Director General of police (Home Guard), Telangana, 3 Ihe Commissioner of police, Cyberabad, Hyderabad. 1. Ihe Commandant Home guards tffnl, Am6erpet, Hyderabad. ? 9re CC to SRt \rt SALEEM, ndvocat6'rOpudi-'' 6. Two CCs to Gp FOR HOME, Hlgh C;uh for t[6 Strtu of Tetangana. [OUT] 7. Two CD Copies BN +y l I -, HIGH COURT DATED:0 6102t2025 t I ORDER WP.No.39741 ot 2022 .1 q' ) (.) 1HE S-rr, /t o,. 0 3 i{iAfl 2025 Its'l- ^rcvrr.l (. ( I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS a(