IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY. THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE , PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5991 OF 2n?fi Between: Aae^39 ® Ramakrishnudu, ...Petitioner AND npL®rim!n/ R®P- Ks Principal Secretary Department, Secretariat, Amaravathi. Home ^ad'eT£gX"t' 3. The Additional Director General of Police, Railways, Mangalagiri. 4. The Superintendent of Police, Railway Police, Guntakal. 5. Inspector-Railway Police, Renugunta, Enquiry Officer. Andhra ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased (i) to issue an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus, declaring the arbitrary mala fide action of action of the 2 one and Respondent, in issuing the impugned proceedings No. C.No.ll5/E-Rlys/2024, dt. 13.12.2024 in rejecting the appeal petition filed by the petitioner award passed by the Superintendent of Railway Police vide C.N0.3/OE-PR/202 1. (DO.No. 13/2022) nd against the Guntakal dt. 25.01.2022 as m • 7 arbitrary, unlawful and violative of Articles 14 and 21 of the Constitution of India and Consequently, to set aside the impugned proceedings No. C.No.115/E- Rlys/2024, dt. 13.12.2024 in rejecting the appeal vide C.N0.3/OE- PR/2021 dt. 25.01.2022 and To direct the respondent authorities to consider period as On Duty and provide the benefits as per Rules prescribed. f (ii) (iii) my suspension Counsel for the Petitioner: SRI KAKARLA CHANDRA SEKHAR Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: APHC010112872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY. THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5991/2025 Between: Golla Praveen ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAKARLA CHANDRA SEKHAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 0 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- "...pleased (i) to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the arbitrary and mala fide action of action of the 2"'^ Respondent, in issuing the impugned proceedings No.C.No.115/E-Rlys/2024, dt.13.12.2024 in rejecting the appeal petition filed by the petitioner against the award passed by the Superintendent of Railway Police, (DO.No. 13/2022) dt.25.01.2022; as arbitrary, unlawful and violative of Articles 14 and 21 of the Constitution of India and Guntakal vide C.NO.3/OE-PR/2021, (ii) Consequently, to set aside the impugned proceedings No.C.No.115/E-Rlys/2024, dt.13.12.2024; in rejecting the appeal vide C.No.3/OE-PR/2021 dt.25.01.2022: and (iii) To direct the respondent authorities to consider my suspension period as On Duty and provide the benefits as per Rules prescribed and (iv) Pass such other order or orders.... 2. Heard Sri Kakarla Chandra Sekhar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. Petitioner while working as police constable, he has been posted on deputation in the Railway department on 08.07.2014. Crime No. 181 of 2021 was registered against the petitioner and ot^iers on 21.05.2021, for the offences punishable under Sections J s 270 r/w 34 of the Indian Penal Code and Section 9(1) of the Andhra Pradesh Gaming Act. Subsequently, the police authorities filed charge sheet and the same was numbered as C.C.No.311 of 2023 on the file of learned Junior Civil Judge-cum-Judicial magistrate of First Class, Yemmiganur. Pending trial, the respondents have issued charge memo. After considering the explanation of the petitioner, and basing on enquiry report, by an order dated 25.01.2022 he was awarded with punishment of postponement of increment for a period of one year with effect on his future increments and pension. Meanwhile, C.C.No.311 of 2023 on the file of learned Junior Civil Judge-cum-Judicial magistrate of First Class, Yemmiganur, ended in acquittal on 07.08.2023. The petitioner preferred appeal, against the punishment awarded, before the 2"'^ respondent. By impugned order dated 13.12.2024, the appeal came to be rejected. 4. Learned counsel for the petitioner submits that the appellate authority has not given any reasons and mechanically rejected the appeal, though the petitioner has brought to the notice of the appellate authority that the criminal proceedings against him in C.C.No.311 of 2023 ended in acquittal. As the very basis of initiation of departmental proceedings are on account of the petitioner being implicated in aforesaid criminal case, the conclusion arrived at in the 4 departmental proceedings cannot sustain in view of his clean acquittal. Learned Assistant Government Pleader appearing for 5. respondents submits that order passed by the primary authority I which was confirmed by the appellate authority, does not call for any t X interference. The order of the appellate authority does not record any 6. \ reasons, except stating that the contents and relevant records are considered while rejecting the appeal. Appellate proceedings being quasi judicial, it is expected to record reasons and satisfaction on the grounds raised in the appeal. The very basis of initiating departmental proceedings being registration of Crime No. 181 of 2021, which case ended in acquittal subsequently, the appellate authority atleast should have considered the above aspect while deciding the appeal. Without expressing any opinion on the merits of the matter 7. with the consent of both learned counsel, the Writ Petition is disposed of. The order passed by the 2"^^ respondent vide Proceedings No.C.No.115/E-Rlys/2024 dated 13.12.2024, is hereby set aside and the matter is remanded back to the 2"*^ respondent to consider the appeal afresh after affording an opportunity of hearing 5 to the petitioner and pass appropriate speaking orders, within a period of eight (08) weeks. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- U SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SEi OFFICER To 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Amaravati, Guntur District. 2. The Inspector General of Police, Sports, (FAC) of Railways, Andhra Pradesh, Mangalagiri, Guntur District. 3. The Additional Director General of Police, Railways, Mangalagiri. 4. The Superintendent of Police, Railway Police, Guntakal. 5. The Inspector-Railway Police, Renugunta, Enquiry officer. 6. One CC to Sri Kakarla Chandra Sekhar, Advocate [OPUC] 7. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies RAM J HIGH COURT \ DATED.'11/03/2025 ORDER WP.No.5991 of 2025 1 o e 0 3A?^?0?S ^ Current Section . DISPOSING OF THE WP WITHOUT COSTS