The High Court · 2025

Petition under Article 226 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 [t/andamus, to declare the impugned action of the Respondents in not taking necessary steps re-instating the petitioner into services with all Attendant benefits as per the law laid down by the Apex Court in Catena of decisions, further inspite of the representations submitted on 25.09.2023 & 01 .1A.2025 as illegal, arbitrary and un-Constitutiona{ and further contrary to law declared by the Apex Court and consequently direct the respondents to take all those necessary steps as warranted and to pass appropriate proceedings re-instating the petitioner into services with all Attendant benefits as per statutory provisions under F.R. 54 of The Telangana Fundamental Rules and Subsidiary Rules, 1922 immediately. 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 direct the Respondents to take all those necessary steps as warranted and to pass appropriate proceedings re-instating the petitioner into services forthwith with all Attendant benefits as per statutory provisions under F.R. 54 of The Telangana Fundamental Rules and Subsidiary Rules, 1922 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K. RAM REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER t:;\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT PETITION No.:.i6813 OF 20125 THE SECOND DAy OF DECEMBER, TWO THOUSAND AND TWENTY FIVE Between: J.Vara Prasad Reddy The State of Telangana, Rep. by its Principal Secretury, Home Department, Secretariat, Dr. B. R.Ambedkar Telangana Secretariat, Hyderabad and three others. ORDER: AND Petitioner Respondents With the consent of both parties, this Writ Petition is taken up for disposal at the admission stage itself

2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: "...to issue an appropriate Writ, Order or Direction, more partiailarlg one in tte nature of Writ of Mandamuq to declare the impugned action of the Respondents in not taking necessary steps re- instating the petitioner into seruices with all Attendant benefits as per the law laid doutn bg tle Apex Court tn Catena of decbions, furtler l ! I ! i t t c i l I . i J 2 inspite of the representatiorts submitted on. 25.09.2023 arud l ol.lo.zois as illegal, arbitrary and un--Constitutir>nctl and further ' contraryl to law deitared by the Apex Court tnd c<>nsczqtentlg direct ' ttterespond.entstotakeallthosenecessarys[cpsrzstuarrantedand to pass appropriate proceedings re-irLstating tlt;: oetitioner into seruies tuith all Attendant benefits as per statutonl p:ou:"lsiots under F.R. 54 of TLrc Telangana Fundamental Rules and subsidiary Ruies, 1922 immediatelg and to grant such..-" 3 Heard Sri K.Ram Reddy, learned counsel litr the petitioner and learnecl Government Pleader for Home for the respondents

4. Learned counsel for the petitioner submits that the petitioner, while serving as Sub-lnspector of Prllir:e in the office of the DSP, Intelligence, Karimnagar, lvas placeci under suspension oo 29.A3.2000 on account of a crirninal case r-egistered by the ACB authorities in Crime No.4/ACB-KNR/200O trn the fiie of the ACB, Karimnagar Range. After filing of the cha-rge-sheet, the case was numbered as C.C. No.39 of 20O 1 on the file of the learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad. The trial Court, after conducting a full-fledged trial, uide judgment dated O9.O3.2OO7 convicted the petitioner and sentenced him to undergo rigorous imprisonment for a period of one year with a fine of Rs.4,OOO/-. Consequently, respondent No.1 imposed the punishment of dismissal from service uide proceedings dated 24.O5.2OO7. Thereafter, proceedings were / / l. I :i l 3 issued to respondent Nos.2 to 4 directing them to treat the suspension period from 29.o3.2oo3 to 2o.oz.2oos as ,not on duty'. It is further submitted that, aggrieved by the judgment dated 09.03.2007 passed by the trial cour'i in c.c. No.39 of 2001, the petitioner preferred criminal Appeal No.36g of 2ooz before this court, and uide jwdgment dated 3L.oz.2o2s, the criminal Appeal was allowed, resulting in the petitioner's acquittal from the criminal charges. It is also submitted that a Division Bench of this court in w.P. No.22999 of 2o2s dated 05.08.2025 held that when an order of removal from service is based solely on a conviction and such conviction is subsequently set aside in appeal, the order of removal cannot be sustained. As a corollary, unless and until the judgment of acquittal is set aside by the Honble Supreme court, the employee is entitled to the benefit of such acquittal. As such, the petitioner submitted representations to respondent No.1 on 25.09.2023 and 01.10.2025 requesting reinstatement into service. However, no action has been taken by respondent No.1 so far. Therefore, learned counsel prays that this court to direct respondent No.l to consider the petitioner's representations dated 25.09.2023 and or.7o.2o2s, duly taking l : ! : i i i i I I I I I :l 1i l1 t; II !i I i. !:I 5 !: l 4 into account the judgment dated 31.O7.2023 passed by this Court in crl.A. No.36B of 2OO7 and the order dated 05'08.2025 passed bt, the Division Bench in w.P. No.22999 of and pass approprilrtr: orders within a time-frame to be st.ipulated by this "2025, Court

5. Learned Government Pleader appea-ring for the respondents submits that respondent No.1 will consider the petitioner's representations dated 25.09.2023 and 01.10.2025 and pass appropriate orders thereon, in accordance with larv'

6. Having regard to the submissions made b). iearned counsel for the respective parties, this Writ Petition is disposed of, clirecting respondent No.1 to consider the representations dated

25.Og.2O23 and 01.10.2025 submitted by the petitioner, duly taking into account the judgment dated 31.07.2023 passed by this Court in Cr1.A.No.368 of 2OO7 and in the light of the order dated 05.08.2025 passed by the Division Bench of this court in w-P. No.22999 of 2025, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy / / 5 of this order and communicate a copy of the sarne to the petitioner. i\Iiscellaneous petitions, if any, pending in this Writ Petition shalt stand. closed. There shall be no order as to costs. SRINIVASA REDDY ISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER To 1 . The PrinciOq! Se_c1etary, Home Department, The State of Telangana, Secretariat, Dr. B.R. Ambedkar felangana Secretariat, Hyderabad. 2. The Director General of Police, Telangana, Saifabad, Hyderabad. 3 The DlG, Karimnagar Range, Karimnigar District. 4. The Superintendent of Police, Asifabad, presenfly on account of Re- 5. One CC to SRI K. RAIVI REDDY, Advocate [OPUC] 6. Two ccs to GP FoR HOME, High court forthe State of relangana. [our] 7. Two CD Copies organization of districts, Komaram Bheem Asifabad District BN BS / i CC TODAY 0 ! ri[ ?025 *- ( # HIGH COURT DATED i0211212025 ORDER WP.No.36B13 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q