Vanam Pullaiah, S/o. Late v. Yellaia, Aged about

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 in the - nature Writ of Mandamus uMer Adicle 226 of the Constitution of lndia, in respect of the passing of the orders of 3'd Respondent, the Deputy lnspector General of Police, Karimnagar Range, in C. No.10 lPRlAl2Ol6-17, R.0.0 No. 183/2017, dt.01- 06-2017, and the Order of the 2nd Respondent, Commissioner of Police, Karimnagar, in C. No. 26lA4lPNOEl2016, DiO No. 131212017 dt.09-06-2017, holding that charges leveled against Petitioner were Proved beyond any reasonable doubts and consequential award of punishment of Postponement of lncrement for two years with effect on future increments and pension and treating of the suspension period w.e.f 04-09-2016 to 15-03-2017 A.N is treated as Not on duty and declare the said orders as patently illegal, arbitrary and unjust and violative of Petitioners fundamental rights under Article 14 of the Constitution of lndia, and principles of natural justice and consequentially set aside the same l.A. NO: 1 OF 2017(WPMP. NO: 52739 OF 2017) 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 suspend the operation of the order passed by 3d Respondent, the Deputy lnspector General of Police, Karimnagar Range, in C.No.10/PR/fu2016-17, R.O.O No. 183/2017, dated 01-06-2017, and the order of the 2nd Respondent, Commissioner Of Police, Karimnagar, in C.No.26/A4IPR/OE/2016, DiO. No. 131212017, dated 09-06-2017, holding that charges leveled against Petitioner were " PROVED" beyond any reasonable doubts; and consequential award of punishment of "Postponement of lncrement for two years with effect on future increments and pension and treating of the suspension period w.e.f. 04-09-2016 to 15-03-2017 A.N. is treated as "Not on duty', pending disposal df the writ petition; Counsel for the Petitioner: SRI E. KARUNA SRl, REPRESENTING SRI B. KRISHNA KUMAR Counsel for the Respondent Nos.1 to 5: AGP FOR HOME Counsel for the Respondent No.6:--- The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.4254O OF 2OL7 ORDER: This Writ Petition is Iiled seeking the following prayer: "to issue an appropriate writ, Order or direction more particularly in the nature Writ of Mandamus under Article 226 of t}].e Constitution of India in respect of the passing of the orders of 3'd Respondent the Deputy Inspector General of Police Karimnagar Range, in C. No. 10/ PR/A/ 2016-17 , R.O.O.No LA3l2Ol7 dt.Ol.06.2017 and the Order of the 2"d Respondent, Commissioner of Potice, Karimnagar in No.I312/2ot7 C.No.26lA4lPR loEl2Ot6, dr.O9.O6.2Ol7, holding that charges leveled against Petitioner were Proved beyond any reasonable doubts and consequential award of punishment of Postponement of Increment for two years with effect on future increments and pension and treating of the suspension period w.e.f. 04.09.2016 to 15.03.2017 A.N is treated as'Not on duty" and declare the said orders as patently illegal, arbitrary and unjust and violative of Petitioners fundamental rights under Article 14 of the Constitution of India and principles of natural justice and consequentially set aside tJre same and to pass..." D/O

2. Heard Ms. E.Karuna Sri, learned counsel representing Mr. Krishna Kumar Bhagavathi, learned counsel for petitioner and learned Assistant Government Pleader for Home for respondents.

3. Petitioner, while working as Sub Inspector of Police at Boinpally Police Station, was placed under suspension vide proceedings dated 29.O8.2OL6 an allegation of grave misconduct and high handed behavior towards respondent 2 JAK,J W.P.No.42540 of 2017 No.6 (Mr. Kusa Ravi). On a complaint filed by wife of respondent No.6, it is alleged that petitioner summoned respondent No.6 for enquiry and exhibited high handed behavior by beating him.

4. Respondent No.6 approached Andhra Pradesh State Human Rights Commission (for short ?.PSHRC) by filing H.R.C.No.63O9 of 2015. APSHRC, after calling for report from the concerned oflicer i.e., Superintendent of Police, took a serious view of high handed behavior of petitioner and directed to pay a compensation of Rs. 1O,OOO/- to respondent No.6. Challenging the order of APSHRC, petitioner approached this Court by filing W.P.No.33910 of 2OL6 and this Court by order dated 14.O9.2016 held as follows "A reading of the impugned order shows that Andhra Pradesh Human Rights Qgrnrnissio1, I-Iyderabad, took a serious view of the high handed behavior of the pelitioner towards the vic':"' and awarded compensation of Rs.1O,OOO/- to him. Since the act of the petitioner brought disrepute and tarnished the image of tJle police, he was placed under suspension. The matter has to be enquired by a competent authority and at this stage, ttis Court is not inclined to interfere with the order of suspension passed against the petitioner. However, the 2"a respondent is directed to complete enquiry against the petitioner after affording an qp.portunity of hearing to him within /, 3 JAK,J W.P.No.42540 of 2017 a period of three months from the date of receipt of this order." Petitioner acknowledged the chare memo 5

22.1L.2016 and submitted his written statement of defense. He denied charges leveled against him Disciplinary authority appointed Additional Deputy Commissioner of Police as Inquiring OIIicer to inquire into the charges framed against the petitioner. Inquiring Ofhcer, after examining three witnesses and nine documents, held that the charges were proved against the petitioner. A copy of the minutes drawn by Inquiring Oflicer was provided to petitioner. Disciplinary authority i.e., Deputy Inspector General of Police, after going through the enquiry report, imposed the punishment which is as follows: "Postponement of Increment for two years with effect on future increments and pension" duly treating the suspension period w.e.f.04.O9.2OL6 to 15.O3.2O17 A.N., as "NOT ON DUTY".

6. Petitioner preferred an appeal to the Inspector General of Police, the appeal petition was considered and rejected vide proceedings dated 29.09.2017. Aggrieved by the said orders of the appellate authorit5r, the present writ petition is hled. 4 JAIqJ w.P.No.42540 of20l7

7. During the course of submissions, it is brought to ttre notice of this Court that petitioner submitted a revision petition to the Government through proper channel. By G.O.Rt.No.812, dated 23.07.2019, Principle Secretary to Government held as follows: "After careful examination of the matter with reference to the records made available and by taking the revision petitioner of Sri V. Pullaiah, SI of Police (f) Boinpalli PS now working in VR Karimnagar into consideration, Government hereby modify the punishment of "PPI for two years with effect on future increments and pension" imposed on him to that of "PPI for one yea-r with effect on future increments and pension."

8. It is also brought to the notice of this Court that petitioner was included in the Adhoc promotion panel of Sub Inspectors of Police (Civil) fit to act as Inspectors for the panel year 2O2O-21 and was promoted as Inspectors of Police (Civil) on adhoc basis vide proceedings C.No.E1l 129 l2O2l dated 30.04.2O2O by the Oflice of DIG of Police, Warangal. 9 . It is also submitted that r.ide proceedings C.No.A1/13/13/2021 dated 01.05.2021, petitioner was posted and allotted to CCS, Bhadradri Kothagudem. In view of the modification of the punishment imposed on 5 JAK.J w.P.No.42540 of20l7 petitioner vide G.O.Rt.No.812 dated 23.O7.2019, the cause in the writ petition does not survive for adjudication. However, petitioner is at liberty to challenge G.O.Rt.No.S12 dated 23.07.2019.

10. With the above observations, writ petition is closed. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/.N.SRIHARI AS SISTANT REGISTRAR liebrror.r oFFtcER To,

1. One CC to Sri B. Krishna Kumar, Advocate [OPUCI 2. Two CCs to GP for Home' High Court for the State of Telangana' at Hyderabad [OUT] \

3. Two CD CoPies TJ KKS c*v \ \ HIGH COURT DATED:2410112025 ORDER WP.No.42540 of 2017 1 21 ?u5 C, o t D ES III o9(c I CLOSING THE WRIT PETITION WITHOUT COSTS tik"*'