APHC010377812021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / fS; TUESDAY, THE FIFTEENTH DAY OF JULY I* TWO THOUSAND AND TWENTY FIVE V PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA S Ik AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR VmiT PETITION NO: 23101 OF 2021. 7789. 7804 OF 2014 WA Mr> oaa mo WPN0.12074 0F 2020.WAN08 43T^r..r.r: ~ NO. 10649 OF 2021. WP NO. 887(1 r>g on-)^ ' WPNOS. 24663, 27203. 28431 OF 2021 AND WA NO. 50.3 OF 2021 WRIT PETITION NO: 23101 OF 2n?1 Between: RAO K Madhu Babu, S/o. Late K.Yohanu, Aged about 35 1237 (Under order of removal), Home Guards District, R/o. Vipparlapalii Village, Rompicherla Mandal, Andhra Pradesh. years. Home Guard Organization, Guntur Guntur District, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Department. Secretariat. Velagapudi, Guntur District. 2. The AddI Director General of Police Home Guards, A.P., Vijayawada. - , Guntur. 3. The Superintendent of Police, Guntur District ...Respondents of India praying that in the in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution circumstances stated i may be pleased to issue a Writ, order i Mandamus, declaring the action of the or direction, more particularly a Writ of respondent in passing the impugned orders of the 3rd respondent in D.O.No.60/2009, C.No.20220/HG-2/2009, dated 12-01-2009 wherein removed the petitioner from the rolls of Home Guai<^ Organization without following due procedure contemplated under law as illegal, improper, unjust, arbitrary, contrary to law principles of natural Justice and set aside the and also violation of same by further directing the respondents to reinstate the petitioner in to service as Home Guard. lA NO: 1 OF 2091 Petition under Section 151 CPC praying that in the circumstances stated may be pleased to of the 3rd respondent in dated 12-01-2009 by directing the respondents to reinstate the petitioner in to service as Home Guard pending disposal of the writ petition. in the affidavit filed in support of the petition, the High Court suspend the operation of the impugned orders D.O.No.60/2009, C.No.20220/HG-2/2009, Counsel for the Petitioner: SRI B KRISHNA Counsel for the Respondents: GP FOR SERVICES I APHC010075092014 WRIT PETITION NO: 7789 OF 2014 Between: 1. The Government of Andhra Pradesh,, r Home Department, Secretariat, Hyderabad. 2. The Director General and Inspector Pradesh, Hyderabad. Rep. by its Principal Secretary, General of. Police, Andhra 3. The Additional Director General of Police,, Home Guards Pradesh, Hyderabad. 4. The Superintendent of Police, Kurnool. 5. The Commandant,, Home Guards, Kurnool. Andhra ...Petitioners AND 1. P Venkateshwara Reddy, S/o Venkat Reddy, Ex. Home Guard No.858, Allagadda Unit, Kurnool District, R/o H.No.1/81, Narsi Reddy Village, Uyyalawada Mandal, Koilakuntia Taluq, Kurnool District. 2. The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Purani Haveli, Hyderabad. ...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 to issue appropriate writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and with the order dated 22-01-2014 passed in O.A.No.235/2014 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and to quash same by holding as erroneous and contrary to law. JA NO: 1 OF 2014rWVMP 4088 OF 2014 P Venkateshwara Reddy, S/o Venkat Reddy, Aged about 30 Home Guard No.858, Allagadda Unit, Kurnool District Narsi Reddy Village, Uyyalawada Mandal, Koilakuntia Taluq District. connected the years. Ex. R/o H.No.1/81, Kurnool ...Petitloner/1®^ Respondent AND 1. The Government of Andhra Pradesh Home Department, Secretariat, Hyderabad. Rep. by its Principal Secretary, 2. The Director General and Inspector General Pradesh, Hyderabad. 3. The Additional Director General of Police Pradesh, Hyderabad. 4. The Superintendent of Police, Kurnool. 5. The Commandant,, Home Guards, Kurnool. of. Police, Andhra Home Guards, Andhra ...Respondents/Petitioners 6. The Andhra Pradesh Administrative Tribunal, Rep. by its Registrar, Purani Haveli, Hyderabad. ...Respondent/Respondent 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 vacate the interim orders issued by this Hon'ble court in W.P.M.P.No. 9686 of 14 in W.P.No. 7789 of 2114 dated 19-3-2014 and dismiss the above Writ Petition in the interest of justice. lA NO: 2 OF 2014(WPMP 9686 OF 2014 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 dated 22-01-2014 passed in on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad pending disposal of the Writ Petition. suspend the operation of the order O.A.No.235/2014 \A NO: 1 OF 2n?1 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 reinstate the Petitioner into the duty as Home Guard, by extending the ratio of the orders in WP.16218/2019 & batch dt: 01.04.2021, in favor of the Petitioner. Counsel for the Petitioners: GP FOR SERVICES I ~~ 1 Counsel for the Respondent No. 1: SRI POODATTU AMARENDER APHC010776422014 Hip T. J H WRIT PETITION NO: 7804 OF 2014 Between: 1. The Government of Andhra Pradesh Home Department, Secretariat, Hyderabad 2. The Director General and Inspector General of Police, Andhra Pradesh, Hyderabad 3. The Additional Director General of Police, Home Guards Pradesh, Hyderabad 4. The Superintendent of Police, Kurnool. 5. The Commandant, Home Guards, Kurnool. rep.by its Principal Secretary, Andhra ...Petitioners AND 1. M Noor Basha S/o M A Shaik Hussain, Ex.Home Guard R/o.H.No.5-2-2-4-1, Mamatha, Kurnool District 2. The Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad , Kurnool Unit, rep.by its Registrar, ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue appropriate writ order or direction more particularly nature of writ of Certiorari calling for the records relating to and the order dated 30.1.2014 passed in OA.No.504/2014 on the file of the Petition under Article 226 of the Constitution of India may be one in the connected with Hon’ble Andhra Pradesh Administrative Tribunal same by holding as erroneous and contrary to law. [A NO: 1 OF 2014rWPMP 9701 OF 2014) Hyderabad to quash the 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 dated 30.1.2014 passed in on the file of the Hon ble Andhra Pradesh Administrative OA.No.504/2014 Tribunal, Hyderabad pending disposal of the writ petition IA NO: 1 OF 2015fWVMP 2763 OF 2015^ 1. M Noor Basha S/o M A Shaik Hussain, Ex.Home Guard, Kurnool Unit, R/o.H.No.5-2-2-4-1, Mamatha, Kurnool District ...Petitioner/1®* Respondent AND 1. The Government of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad 2. The Director General and Inspector General of Police, Andhra Hyderabad 3. The Additional Director General of Police, Home Andhra Pradesh, Hyderabad 4. The Superintendent of Police, Kurnool. 5. The Commandant, Home Guards, Kurnool. Pradesh Guards, Organization, ...Respondents/Petitioners rep.by its Registrar, 6. The Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad ...Respondent/Respondent 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 vacate the interim orders issued by this Hon'ble Court in WPMP.No. 9701 of 2014 in WP.No. 7804 of 2014 dt. 19.3.2014 and dismiss the above Writ Petition in the interest of justice. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondents: SRI POODATTU AMARENDER APHC010238252020 WRIT APPEAL NO: 289 OF 2020 Writ Appeal under clause 15 of the Letters Patent against the order dated-27-02-2020 in W.P No. 19255 of 2019 on the file of the High Court. Between: P. Madhu Babu, S/o P, Maddaiah, Hind, Male, aged about 39 Home Guard, R/o.H.No-51-967-5-92A, P.V. Narasimha Rao Nagar, Near Railway Station, Kurnool -518004, Andhra Pradesh. years ...Petitioner AND 1. The State of Andhra Pradesh, Rept, by its Principal Secretary, Department A.P. Secretariat, Velagapudi, Guntur District 522503. 2. Director General of Police, For the State Mangalagiri, Vijayawada, Andhra Pradesh. Pradesh. 3. The Additional Director General of Police, (Home Guards), For the State of Andhra Pradesh, Mangalagiri, Vijayawada, Andhra Pradesh. 4. The Deputy Inspector General of Police, Kurnool, Andhra Pradesh. Home of Andhra Pradesh, Vijayawada, Andhra 5. The Superintendent of Police, Kurnool District, Kurnool Pradesh. 6. The Office of the Deputy Superintendent of Police, Home Guards, Kurnool. Andhra ...Respondents lA NO: 1 OF 2020 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 impugned Removal Order passed by the Respondent No.5 vided Order Proceedings D.O.No.32/A4/2019/C.N.282/1-ll/FIGs/Kn1/2018 dated-7- 03-2019 by suspending the order dated-27-02-20f20 passed by the Learned Single Judge passed in W.P.No.19255 of 2019 in the interest of Justice pending disposal of the main Writ Appeal. lA NO: 1 OF 2021 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 receive the documents pertaining Circular Memo Rc.No.673/H1/HGs/ KNL/2012 dtd. 18/09/2012. Madras Home Guards Rules 1949. judgment in batch of Writ Petition i.e., W.P.No.268572 and 29589 of 2015 and W.P.No.443 12 of 2017 and relevant sections of Home Guards Act. on the file of this Honorable Court in the interest of justice. Counsel for the Petitioner; SRI MURALI LINCOLN Counsel for the Respondents: GP FOR HOME APHC010188162020 WRIT PETITION NO: 12074 OF 2020 / ' r Between: M.Nagaraju, S/o. M.Chengal Rayudu, Age 27 year Occ; Home Guard No.383 (Under Termination) R/o. Door No. 20/31, Daramvari Village, H/o. Doddipalli Vilalge, Filer Mandal, Chitoor District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Additional Director General of Police, Home Guards, Andhra Pradesh, Mangalgiri, Guntur District 3. The Superintendent of Police, Chitoor District, Chitoor ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Order of Removal in C.No.156/20/B9/HGs/2020, dated 09.03.2020 issued by the respondent No.3 removing me from service as Home Guard on the allegation that a criminal case is registered against me in FIR.No.22 of 2019 on the file of the Filer Police Station, Filer, Chitoor District for the offences punishable under Section 354-D, 509, 506 and 507 of IPC R/W Section 34 of IPC without conducting any enquiry as arbitrary, illegal and high handed and contrary to the well established legal principles apart from being violatile of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the lA NO: 1 OF 2020 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 No.3 to allow me to discharge my duties as Home same. Guard by suspending the Order of Removal in C.No.156/20/B9/HGs/2 02, dated 09.03.2020 issued by him, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents: GP FOR SERVICES I APHC010203602021 WRIT APPEAL NO: 336 OF 9091 Writ Appeal under clause 15 of the Letters Patent against the order passed in W.P.No.16218 of 2019, Dt.01.04.2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI Secretary, Home Department, Secretariat, Veladapudi, Guntur District. 2. The AddI Director General of Police, Home Guards, AP, Vijayawada. 3. The Superintendent of Police, Chittoor District, Chittoor. ...Petitioners AND V Sadasiva, S/o R. Venkateshulu, Aged about 29 years. Home Guard 1606, Under order of termination Home Guards Organization District, R/o Gutharlapalli Village, Kanamanapalli Mandal, Chittoor District-517 425. Chittoor Post, Gudupalli ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP.No.16218 of 2019 dated 01- 04-2021 pending disposal of the writ appeal. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI K SRINIVASA PRASAD APHC010213272021 WRIT APPEAL NO: 390 OF 2021 / Writ Appeal under clause 15 of the Letters against the order in W.P.No.172 of 2020, Dt.01.04.2021, on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI. Secretary to Government, Home Department, Secretariat, Velagapudi, Guntur District, A.P. 2. The Additional Director General of Police, Home Guards, DGP Office, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Commissioner of Police, Vijayawada City, Krishna District. 4. The Commandant, Home Guards, Vijayawada City, Krishna District. 5. The Deputy Superintendent of Police Home Guards Unit, Vijayawada, Krishna District. 6. The Reserve Inspector (Admin), Home Guards Unit, Vijayawada City, Krishna District. ...Petitioners AND D Anjaneyulu Dongara Anjaneyulu @ Anji, S/o Dongara Paparao, Aged 36 years, Occ; Home Guard, HG 685, D No.3033, Murthy Street, Karmikapuram, Vijayawada Urban, Buckinghampet Andhra Pradesh. Krishna District, ...Respondent lA NO: 1 OF 2091 Petition under Section 151 CPC in the affidavit filed in support of the petition grant stay of operation of orders dated.01.04.2021 pending disposal of the writ lA NO: 1 OF 7079 D Anjaneyulu @ Dongara Anjaneyulu @ Anji, S/o Dongara Paparao, Aged 36 years, Occ; Home Guard, HG 685, Karmikapuram, Vijayawada Urban Andhra Pradesh. praying that in the circumstances stated the High Court may be pleased to passed in WP.No. 172 of 2020 appeal. D No.3033, Murthy Street, Buckinghampet, Krishna District, ...Petitioners AND The State of Andhra Pradesh, Rep by its PrI. Secretary to Government, Home Department, Secretariat, Velagapudi, Guntur The Additional Director General of Police, Mangalagiri, Guntur District, Andhra Pradesh. The Commissioner of Police, Vijayawada City, Krishna The Commandant, Home Guards, Vijayawada City, Krishna District. The Deputy Superintendent of Police Home Krishna District. The Reserve Inspector (Admin), Home Guards Krishna District. 1. District, A.P. Home Guards, DGP Office, 2. 3. District. 4. 5. Guards Unit, Vijayawada 6. Unit, Vijayawada City ...Respondent praying that in the circumstances stated in support of the petition, the High Court may be pleased 1 suspension granted in W.A.No. 390 of 2021 Petition under Section 151 CPC in the affidavit filed i vacate the interim 04.08.2021. to dated Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI Y N ANJANEYACHARYULU APHC010241392021 QMS WRIT APPEAL NO: 437 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the orders passed in W.P No2376 of 2020,Dt 01-04-2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its Secretary, Home Department Secretariat ,Velagapudi,Guntur District 2. The Additional Director General of Police Pradesh ,Vijayawada Home Guards ,Andhra 3. The Superintendent of Police, East Godavari Dist at Kakinada . 4. The Deputy Superintendent Rajamahendravaram of Police, Home Guards ...Petitioners AND Chiranjeev Satya Varama, S/o Seetharamaraju, Aged 38 years. Home Guard 565,R/o D.No.1-12-64, Military Road, Konayyapalem, Kakinada East Godavari Dist ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP No.2376 of 2020 dated 01-04- 2021 pending disposal of the writ appeal and pass Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI PALLA BALU ANIL KUMAR APHC010256852021 WRIT APPEAL NO: 455 OF 2021 X Writ Appeal under clause 15 of the Letters Patent against the orders passed in W.P.No.4825 of 2021, Dt.01.04,2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The AddI Director General of Police Home Guards A.P, Vijayawada. 3. The Superintendent of Police, Guntur Rural District, Guntur. ...Petitioners AND SK Khajavali, S/o Late Sk Dastagiri Aged about 46 years, Home Guard 1 Under order of removal Home Guards Organization, Guntur District, R/o D No 79115 22nd Ward Market Centre, R Agraharam Chaparala Veedhi Guntur 638 ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP.No.4825 of 2021 dated : 01- 04-2021 pending disposal of the writ appeal Counsel for the Petitioners: GP FOR SERVICES I (AP) Counsel for the Respondent: SRI B KRISHNA APHC010254952021 WRIT APPEAL NO: 465 OF 2021 Writ Appeal under clause 15 of the Letters passed in W.P No.5136 of 2021, Dt.01.04.2021 Between: 1. The State of Andhra Pradesh Department, Secretariat, Velagapudi, Guntur District. 2. The AddI Director General of Police, Home Guards Vijayawada 3. The Superintendent of Poiice, Guntur Urban Guntur Patent against the orders on the file of the High Court. Rep by its PrI Secretary, Home ...Petitioners AND P V Prasanth Kumar, S/o Venkateswra Rao Home Guard 338, Under order of i Guntur District R/o D No 7455/R/37 Makendaya Colony Town Guntur District Aged about 26 years removal Home Guards Organization Mangalagiri ...Respondent lA NO: 1 OF 2071 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court grant stay of operation of orders passed in WP.No.5136 of 2021 dated 04-2021 pending disposal of the writ appeal. may be pleased to . 01- Counsel for the Petitioners: GP FOR SERVICES Counsel for the Respondent: SRI T S N SUDHAKAR I APHC010223812021 WRIT APPEAL NO: 475 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the orders passed in W.P.No. 15611 of 2019, Dt.01.04.2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI. Secretary to Government Home Department, Secretariat, Velagapudi, Guntur District, A.P The Inspector General of Police Mangalagiri, Guntur District, A.P. The Commandant,, Home Guards, Vijayawada City, Krishna District A.P. The Commissioner of Police,, Vijayawada City, Krishna District, A.P. 2. Home Guards, DGP Office 3. 4. ...Petitioners AND Pagolu Nagaraju, S/o Venkata Subbarao, Aged 30 years. Home Guard 1072(Removed), H No. 6-105, Rayanapadu Village, Krishna District 521241, Andhra Pradesh. ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP.No.15611 of 2019 dated . 01- 04-2021 pending disposal of the writ appeal. lA NO: 1 OF 2022 Pagolu Nagaraju, S/o Venkata Subbarao, Aged 30 years, Home Guard 1072(Removed), H No. 6-105, Rayanapadu Village, Krishna District 521241, Andhra Pradesh. ...Petitioner/Respondent AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary to Government Home Department, Secretariat, Velagapudi, Guntur District, A.P The Inspector General of Police Mangalagiri, Guntur District, A.P. The Commandant,, Home Guards, Vijayawada City, Krishna District A.P. The Commissioner of Police,, Vijayawada City, Krishna District, A.P. 2. Home Guards, DGP Office 3. 4. ...Respondents/Appellants 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 vacate the interim suspension granted in WA.No.475 of 2021 dated 04-08- 2021. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI Y N ANJANEYACHARYULU APHC010278582021 WRIT APPEAL NO: 493 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the order passed in W.P.No.2412 of 2020, Dt.01.04.2021, on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Additional Director, General of Police, Home Guards Andhra Pradesh Vijayawada. 3. The Superintendent of Police, Guntur District, Guntur. ...Petitioners AND J Lovaraju, S/o Bapiraju Aged about 32 years. Home Guard 1235 Under order of removal Home Guards Organization Guntur District R/o D No 3423 Military Colony Katheru, Rajahmundry East Godavari District 533 105. ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in W.p No.2412 of 2020 dated 01-04- 2021 pending disposal of the writ appeal. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: B KRISHNA APHC010251662021 WRIT APPEAL NO: 515 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the orders passed in W.P.No.23873 of 2020, Dt.01.04.2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its PrI Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, For the State of Andhra Pradesh Mangalagiri Vijayawada Andhra Pradesh 3. The Additional Director General of Police, Home Guards Andhra Pradesh Mangalagiri Vijayawada A P 4. The Deputy Inspector General of Police, Kurnool Andhra Pradesh 5. The Superintendent of Police, Kurnool District, Kurnool Andhra Pradesh 6. The Office of the Deputy Superintendent of Police, Home Guards Kurnool. ...Petitioners AND Banda Prasad, S/o B Gokari, Aged about 35 years Home Guard Removed H.No 1/28 Chinthalapalli (V), Miduthur (M) Nandikotkur TQ Kurnool District A P ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP.No. 23873 of 2020 dated 01- 04-2021 pending disposal of the writ appeal. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI MURALI LINCOLN APHC010256482021 WRIT APPEAL NO: 559 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the orders passed in WP No 16990 of 2020 Dt 01/04//20221 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep. by its Secretary, Home Department Secretariat, Velagapudi, Guntur District 2. The Additional Director General of Police, Home Guards Pradesh , Vijayawada. 3. The Superintendent of Police, , Guntur Dist., Guntur. Andhra ...Petitioners AND Sk Mahaboob Subhani, S/o. Abdul Rahim, Aged 35 years,D.No.5 28,Tummurukoa Village, Rentachinthala Mandal Guntur Dist ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP.No.16990 of 2020 dated 01- 04-2021 pending disposal of the writ appeal. lA NO: 1 OF 2022 Sk Mahaboob Subhani, S/o. Abdul Rahim, Aged 35 28,Tummurukoa Village, Rentachinthala Mandal Guntur Dist to years,D.No.5- ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Home Department Secretariat, Velagapudi, Guntur District 2. The Additional Director General of Police, Home Guards, Andhra Pradesh , Vijayawada. 3. The Superintendent of Police, Guntur Dist.. Guntur. ...Respondents 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 vacate the interim orders dated 13-09-2021 in IA.No.1 of 2020 in WA.No.559 of 2021. to Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI B KRISHNA APHC010302812021 SMS z. / WRIT APPEAL NO: 594 OF 2021 Writ Appeal under clause 15 of the Letters Patent against the orders i WP. No. 3528/2021, dated 01.04.2021 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Additional Director General of Police, Home Guards Pradesh, Mangalagiri, Vijayawada, Andhra Pradesh. 3. The Superintendent of Police, Ananthapuram District, Ananthapuram Andhra Pradesh. in Andhra ...Petitioners AND Y Ramanjaneyulu, S/o Y. Ganganna, aged about 43 years, Occ Home Guard Removed, R/o D.No. 1/55820 B Rajeevgandhi Nagar, Kadiri Mandal, Ananthapur District. ...Respondent lA NO: 1 OF 2021 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 grant stay of operation of orders passed in WP. No. 3528/2021, dated 01.04.2021 pending disposal of the Writ appeal. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI HARINATH REDDY SOMAGUTTA APHC010310562021 WRIT APPEAL NO: 604 OF 2021 Writ Appeal under clause 15 of the Letters Patent to allow the Writ Dt*0%7 202*1^**'"^ judgment passed in W.P.No.5537 of 2021, Between: 1. The State of Andhra Pradesh, Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, For the Mangalagiri Vijayawada Andhra Pradesh 3. The Additional Director General of Pradesh Mangalagiri Vijayawada A P Rep by its PrI Secretary, Home State of Andhra Pradesh Police, Home Guards Andhra 4. The Deputy Inspector General of Police, Kurnool Andhra Pradesh 5, The Superintendent of Police, Kurnool District Kurnool Andhra 6. The Office of the Deputy Superintendent Pradesh of Police, Home Guards Kurnool ...Petitioners AND M Sekhar, S/o M.Subbaiah, Aged about 35 years Home Guard Removed R/o. Allagadda Kurnool District. A P ...Respondent lA NO: 1 OF 2021 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 stay of operation of orders passed in WP.No. 5537 of 2021 dated 07-07-2021 pending disposal of the Writ appeal. Counsel for the Petitioners: GP FOR SERVICES I. Counsel for the Respondent: SRI MURALI LINCOLN APHC010176592021 WRIT PETITION NO: 10649 OF 2021 Between: L. Madhava Rao, S/o. Satyanarayana, Age; 38 years, Occ: worked Home Guard, H.G.No. 239, R/ o. E-Block-134, Near Gandhi Bomma Center, Vambay Colony, Ajith Singh Nagar, Vijayawada (Urban), Krishna District, Andhra Pradesh. as ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi at Amaravathi, Guntur District. The Additional Director General of Police, Home Guards, Andhra Pradesh, D.G.P.Office's Premises, Mangalagiri, Guntur District. The Commissioner of Police, Vijayawada City, Krishna District. 1. 2. 3. 4. The Commandant, Home Guards, Vijayawada, Krishna District. 5. The Deputy Superintendent of Police, Home Guards Unit, Vijayawada, Krishna District. 6. The Reserve Inspector (Admin), Home Guards Unit, Vijayawada City, Krishna District. ...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 to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the Final Order proceedings Do.No.23/2015 C.NO.3002/H.1/2013, dated 11.04.2015 issued by the 3rd Respondent removing the Petitioner from the rolls of Home Guards Organization on the ground of his absence without considering his explanation, without conducting any enquiry, without recording reasons and without jurisdiction, as illegal, arbitrary, violative of Articles 14, 21 and 311(2) of the Constitution of India, violative of Principles of Natural Justice and contrary to the A.P.Home Guards Act, 1948 and the rules framed under Madras Home Guards Act, 1948 and consequently set-aside the Final Order dated 11.04.2015 and direct the Respondents to re-instate the Petitioner as a Home Guard along with all other consequential benefits by taking him into the rolls of Home Guards Organization. and in lA NO: 1 OF 2021 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 Final Order proceedings Do.No.23/ 2015 C.NO.3002/H.1/2013, dated 11.04.2015 issued by the 3rd Respondent and to direct the Respondents to permit the Petitioner as a Home Guard by taking him into the rolls of Home Guards Organization, pending Writ Petition in the interest of justice. and r Counsel for the Petitioner: SRI Y N ANJANEYACHARYULU Counsel for the Respondents: GP FOR SERVICES I APHC010115142023 si WRIT PETITION NO: 5870 OF 2023 Between: Akula Srinivasa Rao, S/o Narayana, aged About 42 years, Occ; Home Guard-39 r/o 5*' Line Gopal Nagar Ongole, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Superintendent of Police, Ongole, Prakasam District. The Reserve Sub Inspector, Home Guards Ongole, Prakasam District. 3. ...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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned Memo bearing C.No. 3379/H1/2011-19 dt. 17-6-2019 rejecting the representation submitted for the petitioner for his into service as Home Guard without properly considering the submitted by the petitioner on 13-5-2019 reinstatement representation as being illegal, arbitrary, unjust and against to the principles of natural justice and consequently set aside the Memo dt. 17-6-2019. lA NO: 1 OF 2023 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 2nd respondent to forthwith reinstate the petitioner into service as Home Guard by suspending the impugned Memo bearing C.No. 3379/H1/2011-19 dt. 17-6-2019, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PRADEEP KUMAR A Counsel for the Respondents: GP FOR SERVICES I APHC010403532021 wm WRIT PETITION NO: 24663 OF 2071 Between: Ch Sridhar Babu, S/o Yanadi Rao, Aged 37 years. Home Guard-62 (under orders of removal) R/o Kabadipalem, Ongole, Prakasam District ...Petitioner AND State of Andhra Pradesh, represented by its Principal Secretary, Home Department, A.P Secretariat, Velagapudi, Guntur District The Director General of Police, Andhra Pradesh Police. Guntur District - Andhra Pradesh 520002 The Chairman, State Level Police Recruitment Board/ HFAC Additional Director General of Police Home Guards Organization, O/o The DGP, Maigaiagiri, Guntur District The Superintendent of District Police Office, Prakasam The Commandant/Member Convenor, Home Guards, Viiayawada. 1. 2. Mangaiagiri 3. 4. District, Ongole. 5. 6. The Sub Inspector of Police, Ongole I Town PS. Ongole Mandel, Prakasam District ...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 to issue a writ, order, or direction, more in the nature of writ of mandamus under Article 226 of the Constitution of India, declaring the Memo HGs.Estt/2014 Dated 31.10.2019 issued by the 2nd respondent in so far as it relates to rejecting the case of the petitioner for re-enrolment / reinstating the petitioner into service despite upholding acquittal in terms of Section 320 (8) of Cr.P.C. by the Division Bench of this Honorable High Court Dated 15.07.2019 in WP No. 4498/2017, as arbitrary, illegal, discriminatory, malafide violating Article 14, 16, 21 and 311 (2) of the Constitution of India and contrary to rules settled principle of law laid down in Satyavir Singh Vs Union of India reported in 1986 AIR 555 and 2012 (1) ALD 76, apart from Judgment in case State of Assam V Kanak Chandra Duttaa, in WP No. 16218/2019 and Batch, dated 01.04.2021 as well as the law in case of State of AP Vs P. Prasada Rao in WP No. 28875/2010 and Batch is concerned, and set aside the same, and issue consequential directions, directing the respondents, to reinstate / enroll the petitioner into service as Home. Guard in the existing vacancies as per the Ipaw laid down in Satyavir Singh Vs Union of India case reported in 1995 AIR 555 and 2012 (1) ALD 76, apart from Judgment in case State of AMM V Kane.. Chandra Duttaa, in WP No. 16218/2019 and Batch, dated 01.04.2021 including State of AP Vs P. Prasada Rao in WP No. 28875/2010 and Batch respectively, with ail consequential benefits. lA NO: 1 OF 2021 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 Memo HGs.Estt/2.014 Dated 31.10.2019 issued by the 2nd respondent, with a direction, directing the respondents to forthwith case re- reinstate the petitioner in service as Home Guard as per the law laid in Satyavir Singh Vs Union of India case reported in 1986 AIR 555 and 2012 [1] ALD 76, apart from Judgment in case State of Assam V Kanak Chandra Duttaa. in WP No. 16218/2019 and Batch, dated 01.04.2021 as well as the law in case of State of AP Vs P. Prasada Rao in WP No. 28875/2010 and Batch respectively, pending disposal of the writ petition. Counsel for the Petitioner: M/s S V INDIRA Counsel for the Respondents: GP FOR SERVICES I APHC010446522021 WRIT PETITION NO: 27203 OF 2021 Between: R Venkateswarlu, S/o Rangaiah, Aged 41 years. Home Guard 482 under orders of removal Ongole, Prakasam District R/o H.No. J-74Am Jangamguntia Village, Cumbum Mandal, Prakasam District ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Home Department, A.P Secretariat, Velagapudi, Guntur District 2. The Director General of Police, Andhra Pradesh Police, Mangalagiri Guntur District - Andhra Pradesh 520002 3. The Chairman, State Level Police Recruitment Board / HFAC Additional Director General of Police Home Guards Organization, O/o The DGP, Mangalagiri, Guntur District 4. The Superintendent of Police, District Police Office, Prakasam District Ongole 5. The Commandant/Member Convenor Home Guards, Vijayawada 6. The Sub Inspector of Police, Giddalur PS, GIddalur Mandal, Prakasam District ...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 to issue a writ, order, or direction, more in the nature of writ of mandamus under Article 226 of the Constitution of India, in declaring Proc Rc. No.158/HGs.Estt/2020-5 Dated 06.08.2020 issued by 3rd respondent exercising power of appellate authority contrary to the law laid in Satyavir Singh Vs Union of India reported in 1986 AIR 555 as well as Gurdial Singh Fijji V. State of Punjab, reported in 1979 AIR 1622, 1979 SCC 2 368, including Sarojni Devi V. Deputy Commandant General, Home Guards, by High Court of Allahabad r/w Proc. DO No. 936/2010 C.No, 2857/H1/2010 Dated 17.08.2010 issued by 4th respondent as arbitrary, illegal, unconstitutional violating Article 14, 16, 21 and 311 2 of Constitution of India, void and without jurisdiction and ultra vires to Rule 7 (3) (4) and (5) of Madras Home Guards Rules, 1949 as held by this Honorable High Court in WP No. 16218/2019 and Batch Dated 01.04.2021 respectively and set aside the same, and issue consequential directions, directing the respondents to reinstate the petitioner into service with ail consequential benefits as per the dicta of this Honorable High Court in WP No. 16218/2019 and Batch Dated 01.04.2021. lA NO: 1 OF 2021 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 prayed that this Honorable High to suspend the operation Proc Rc. No.158/HGs.Estt/2020-5 Dated 06.08.2020 issued by the 3rd respondent exercising power of 2nd respondent, contrary to the law laid in Satyavir Singh Vs Union of India reported in 1986 AIR 555 as well as Gurdial Singh Fijji vs State of Punjab reported in 1979 AIR 1622. 1979 SCC [2] 368, including Proc. DO No. 936/2010 C.No, 2857/H1/2010 Dated 17.08.2010 issued by 4th respondent as ultra vires to Rule 7 (3) (4) and (5) of Madras Home Guards Rules, 1949 as held by this Honorable High Court in WP No. 16218/2019 and Batch Dated 01.04.2021 is concerned, with a direction, directing the respondents to forthwith reinstate petitioner into service as Home Guard as per the law laid down by this Honorable High Court in WP No. 16218/2019 and Batch Dated 01.04.2021, pending disposal of the writ petition. Counsel for the Petitioner: M/s S V INDIRA Counsel for the Respondents: GP FOR SERVICES I APHC010470772021 WRIT PETITION NO: 28431 OF 2021 Between: M Muninadhan, S/o. M. Seenaiah, Aged 41 years, Ex-Home Guard with No.598, R/o. C.K. Puram Village, S.R. Puram mandal. District, Andhra Pradesh. Chittoor ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Inspector General of Police, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Additional Director General of Police, Home Guards, D.G.P.Office, Mangalagiri, Guntur District, Andhra Pradesh. 4. The Superintendent of Police, Urban Police District, Tirupati, Chittoor District. Home Guards, DGP Office, 5. The Deputy Superintendent of Police, Home Guards, Tirupati, Chittoor District. 6. The Commandant, Home Guards, Kurnool, Kurnool District, Andhra Pradesh. 7. The Reserve Subinspector of Police, I/C, Home Guards Chittoor District. Tirupati, ...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 to issue a Writ of Mandamus, or other appropriate writ, order direction, declaring the Final Order proceedings D.O.No.02/2013 C.NO.B3/26/1814/13, dated 29.08.2013 issued by the 4th Respondent i . removing him from the Home Guards Organization on the ground of his absence without jurisdiction, without conducting any enquiry and without recording reasons, as illegal, arbitrary, disproportionate, violative of Articles 14, 21 and 311(2) of the Constitution of India, violative of Principles of Natural Justice and contrary to the A.P.Home Guards Act, 1948 and the rules framed under Madras Home Guards Act, 1948 and consequently set aside the Final Order dated 29.08.2013 and direct the Respondents to reinstate him Home Guard along with all other consequential benefits by taking him into the rolls of Home Guards Organization. lA NO: 1 OF 2021 or and in as a 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 Final Order proceedings C.NO.B3/26/1814/13, dated 29.08.2013 issued by the 4th Respondent and to direct the Respondents to permit the Petitioner as a Home Guard by taking him into the rolls of Home Guards Organization, pending Writ Petition in the interest of justice. D.O.No.02/2013 and Counsel for the Petitioner: SRI Y N ANJANEYACHARYULU Counsel for the Respondents: GP FOR SERVICES I APHC010276592021 WRIT APPEAL NO: 503 OF 2021 Writ Appeal under clause 15 of the Letters Patent passed in W.P.No.825 of 2021, Dt.01.04.2021 Between: against the orders on the file of the High Court. 1. The State of Andhra Pradesh Rep by its PrI Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police Andhra Pradesh Guntur District Mangalagiri 3. The Superintendent of Police, Vishakapatnam Vishakapatnam District 4. The Commandant, Home Guards Organization Vishakapatnam ...Petitioners AND Mamidi Rama Kiran, S/o Venkata Ramana Years, Home Guard 615 Narsipatnam 2040/2,Nagendra Colony Yelamanchali Mandal, Vishakapatnam District. Hindu, Aged about 35 Unit Vishakapatnam R/o Near Kamakshi Temple, Yelamanchali ...Respondent lA NO: 1 OF 2091 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court grant stay of operation of orders passed in WP No.825 of 2021 dated 01-04 2021 pending disposal of the writ appeal. praying that in the circumstances stated may be pleased to Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent: SRI A SREEDHAR The Court made the following Common order: APHC010377812021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) 13526] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE WRIT PETITION Nos: 23101 of 2021.7789, 7804 of 2014. W.A.No.289 of 2020. W.P.No.12074 of 2020, W.A.Nos.336. 390. 437, 455, 465. 475, 493. 515. 559. 594, 604 of 2021, W.P.No.10649 of 2021, W.P.No.5870 of 2023. W.P.Nos.24663. 27203, 28431 of 2021 and W.A.No.503 of 2021 W.P.No.23101 of 2021 Between: I.K.Madhu Babu, , S/o. Late K.Yohanu, Aged About 35 Years, Home Guard 1237 (Under Order Of Removal), Home Guards Organization, Guntur District, R/o. Vipparlapalli Village, Rompicherla Mandal, Guntur District, Andhra Pradesh. ...PETITIONER AND 1.The State of Andhra Pradesh, Rep. By Its PrI. Secretary, Home Department. Secretariat, Velagapudi, Guntur District. 2. The Add I.Director A.P., Vijayawada. General Of Police, Home Guards, 3. The Superintendent Of Police, Guntur District, Guntur. ...RESPONDENT(S): Counsel for the Petitioner: I.Mr.B.KRISHNA Counsel for the Respondent(S): 1.GP FOR SERVICES-I 9 NJS, J & TRR, J W.P.No.:3 101 2021 &Wldi CORAM : THE HON’BLE SRI JUSTICE NINALA AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR : 15'^ July, 2025. JAY.ASURYA RAO DATE P.C; Shorn of the facts, the issue broadly involved in the present bateh of cases is removal of Home Guards grievance is that they v\/ere discontinued / the roles of Home Guards Organization, without gross violation of principles of natural justice on different grounds. Their removed / terminated from conducting any enquiry that the orders of in removal are without jurisdiction and contrary to the Andhra Home Guards Act. 1948 etc.. Pradesh and as such they are entitled for reinstatement / continuation of their duties as Home Guards. 2. For the sake of convenience, some of the details of the petitioners / Home Guards, dates of removal from tabulated below; th0 ro!0s and .masons are S. Case No. Name Date of Removal No. Reasons 1 W.P.No. 10649/2021 L.Madhava Rao 11.04.2015 Absent to duties 2 W.P.No.23101/2021 K.Madhu Babu 12.01.2009 Collection of money from lorry owners Absentto duties 3 W.P.No.28431/2021 M.Muninadham 29.08,2013 4 W.P.No.27203/2021 R.Venkateshwarallu 17 08.2010 jjn\yo|Yo|^0r,f in criminal cases. 3 NJS.J&TRR.J VV.P.No.2.1ini_2n2l&hatcli 5 W.P.No.12074/2020 M.Nagaraju 09.03.2020 Involvement in criminal cases. 6 W.P.No.5870/2023 A.Srinivasa Rao 17.06.2019 Absent to duties 7 W.P.No.24663/2021 CH.SridharBabu 15.05.2013 Involvement in criminal cases. 8 W.P.No.7804/2014 M.Noor Basha 03.01.2011 Absence to Duties. 9 W.P.No.7789/2014 P.Venkateswara Reddy 29.10.2013 Absence to Duties. 10 11.05.2020 Involvement in criminal W.P.No. 825/2021 W.A No:503/2021 M.Ramakiran cases. 11 M.Shekar 11.03.2019 Absence to Duties. W.P.No. 5537/2021 W.A.No. 604/202 1 12 CH.Satya Varma 04.12.2009 Involvement in criminal cases. W.P.No. 2376./2020 W.A.No.437/2021 13 S.K .Khaja Vali 04.01.2010 Absence to Duties. W.P.No.4825/2021 W.A No.455/2021 14 P.V.Prasanth Kumar 06.02.2019 Involvement in criminal cases. W.P.No. 5136/2121 W.A.No.465/2021 15 J.Lova Raju 15.05.2015 Absence to Duties. W.P.No.2412/2020 W.A,No.493/2021 16 B.Prasad 11.03.2019 Absence to Duties. W.P.No. 23873/2021 W.A.No. 515/2021 17 P.Madhu Babu 07.03.2019 Absence to Duties. W.P.No. 19255/2019 W.A.No. 289./2020 18 V.Sadha Shiva 19.06.2012 Misbehavio ur with ladies in intoxicated condition. W.P.No.121618/2019 W.A.No.336/2021 19. D.Anjaneyulu 08.07.2013 Misbehavio ur with ladies W.P.No. 172 of 2020 W.A.No.390 of 2021 4 NJS, J & TRR, J WPNo.23101 2021&bQich 20. P-NFagaraju W.P.No.15611 of 2019 W.A.No.475 of 2021 W.P.N0.1699Q of 2020 W.A.No.559 of 2021 11.04.2018 Invofved in criminal cases. 21. Sk.Mahaboob Subhani 0^.03.2019 Involved in criminal cases. 22. Y.Ramanjaneyulu 06.10.2004 W.P.No.3528 of 2021 W.A.No.594 of 2021 Involved in criminal cases. 3. So fa r as the appeals referred to above filed by the State, a learned Single Judge, after considering the natter in detail vide Orders dated 01.04.2021 in W.P.No.16218 of 2019 & batch, directed the reinstatement of the writ petitioners therein as Home Guards, inter alia, observing that “sub-rule (4) of Rule 7 of the Madras Home Guards Rules confers the power on the Commandant, for good and sufficient reasons, to impose on any Home Guard the penalties. namely, reprimand, suspension, reduction of rank, removal and dismissal. But, in all such cases, a reasonable opportunity shall be given to the delinquent Home Guard to show cause against the penalty proposed to be imposed on him. If Section 4 of the Andhra Pradesh Home Guards Act read with Rule 7 (4) of the Madras Home Guards Rules is taken into consideration, it can safely be concluded that the Commandant is competent to take appropriate action against the Home Guards for their misconduct in discharging their duties as Home Guards and the 5 NJS, J & TRR, J W.P.No.23101 2021&bntch Superintendent of Police has no jurisdiction to suspend / dismiss remove any Home Guard from the office” and set aside the dismissal / removal orders of Home Guard/s for non-compliance of the mandatory procedure of issuance of show-cause notice. or 4. Several Writ Petitions which were filed subsequently seeking similar relief have been tagged along with the Writ Appeals. Heard learned counsel appearing on behalf of the writ petitioners / Home Guards. Also heard learned Government Pleader for Services-ll appearing on behalf of the State. Considered the submissions imade and perused the material 5. 6. on record. It is specifically argued on behalf of the Home Guards that they were not indulged in misconduct as alleged in the proceedings dispensing with their services. Even if there are any commissions and omissions on their part while discharging the duties of Home Guards, any disciplinary action should have been taken, in accordance with the procedure contemplated under the relevant circulars and the Andhra Pradesh Home Guards Act, 1948 and by following the principles of natural justice. 7. NJS, J&TRR.J WPMn73IOI_2021&batch 8. A iudgmeni from the common High Court of Andhra Pradesh i the case of W.P.Nos.35460 of 2013 & batch in dated 08.06.2018 was cited said writ erstwhile Andhra Pradesh Administrative Tribunal and ordered reinstatement of the Home Guards foilowing the judgment of another Division Bench in State of Andhra Pradesh and other l/s. P. Prasad Rao and another’, wherein after considering the provisions of the Act of 1948 a in support of their contention. A Division Bench dismissed the by the State against the orders of the petitions filed /-4 the Rules of I lU 1949, it was observed thus: "14. There is no quarrel with the purport of Rule 7(4) of Rules, which mandates that the every order imposing penalty passed by the Commandant shall be preceded by a “reasonable opportunity” and the delinquent HG shall be asked to show-cause why the penalty should not be imposed on him/her. When the rules themselves prescribe the issue of show-cause notice so as t reasonable opportunity to delinquent HG, any breach thereof must lead to invalidation of the order of punishment imposed by the Commandant. Therefore, we cannot find fault with the orders Tribunal which are subject-matter of WP Nos. 12o85 and 21661 of 2011. These writ petitions are, therefore, liable to be dismissed. LW passed by the learned 7656, 10704, 11595 15: Whether issue of a show cause notice calling upon the delinquent HG to submit explanation against the penalty proposed to be imposed would satisfy the principles of natural justice? We are afraid, it would not. Thniinh .RhIp 7 (a\ nf tha di.Ioo _r opcarxo wi tcjouc Ul 2012 (1) ALO 76 7 NJS, J & TRR, J WPMo73ini 707l*hnlrlv a show cause notice only against the penalty proposed to be imposed, having regard to settled rules of interpretation we do not hesitate to hold that the show cause notice contemplated under Rule 7 (4) of the Rules must also spell out the allegations / charges or contraventions levelled against the HG proposed for removal / dismissal. Such a show cause notice may contain the imputations and the material which is the basis for them. As otherwise, mere issue of a show cause notice calling upon for the explanation against the penalty proposed would be futile, and unless and until the delinquent HG is aware of charges / imputations levelled against him, he cannot effectively put forth his case even for reduction of the punishment proposed. The principle of legality is well settled. The Legislature never intends the enforcer of the law or the executive to act arbitrarily or unreasonably. Legislature is presumed never to have intended the decision maker to arrive at a decision in an unfair manner. It should be the endeavour of the Court to read adherence to fairness and compliance with the principles of natural justice in every action taken under the statute or otherwise unless and until the statute itself specifically excludes the compliance with the rules of natural justice.” The On the other hand, the Government Pleader for Services-ll, inter alia contends that the petitioners may have lost their fitness necessary for performing home guard duties. Consideration bv the Court: 9. 10. It is trite Law and as held by the Apex Court in judgments, the first and foremost principle of natural justice is what is commonly known as Audi Alteram Partem Rule. It says that numerous no one 8 NJS, J & TRR, J W.P,N'„,2’, mi ^flTIAhatrh should be condemned unheard. Notice is the first limb of this principle. It precise and unambiguous, it should determinatively of the case he has to must be apprise the party meet. Time given for the should be adequate so as to enable him to make his the absence of a notice of the kind and such reasonable order passed becomes wholly vitiated. purpose representation. In opportunity, the 11. In these cases, the termination of the !s unsustainable and declared unlawful based established by the common High Court of Andhra Pradesh supra and the judgments of the Hon’ble Supreme Court with petitioners / Home Guards on the legal principles referred to regard to strict compliance of principles of natural justice where the action proposed results in adverse civil consequences. However, it is evident from the record that the petitioners' termination dates back to 5 to 21 12. years. 13. Given the substantial or significant time elapsed, it to expect that the petitioners' physical fitness and stamina might have been diminished. While acknowledging the wrongful consider it appropriate that reinstatement should be passing the necessary physical tests, petitioners were not abruptly terminated; rather, IS reasonable termination, we contingent upon particularly as the more on the ground of 9 NJS, J & TRR, J W,P,No.23l01_2021&balch involvement in griminal cases / irregularities / unauthorized absence etc. 14. At this juncture, it may be appropriate to refer to the submissions made by some of the counsel that as the criminal cases ended in acquittal, those petitioners / Home Guards discontinued after January, 2019 may be exempted from undergoing the physical fitness tests. Such a request though sounds not unreasonable, keeping in view the nature of duties to be discharged by the Home Guards, we feel that fitness is essential, as there is no definitive standard indicating that physical fitness does not decline over time. Maintaining physical fitness requires regular effort and diligence. There is no such scale or measurement that one should not loose or gain physical fitness after particular period. The physical fitness is regular assiduous or sedulous or painstaking. Therefore, the said plea of exemption from physical fitness test merits no acceptance. All the petitioners / Home Guards are required to their fitness before reinduction into duties. Conclusion:- prove 15. Despite the respondents having terminated the petitioners without adhering to due process and the Audi Alteram Partem doctrine, the justification or otherwise for the terminations remain to be examined after issuance appropriate show cause notices. There may be valid 10 NJS, J & TRR, J W,P.No.2310! 2021&batch grounds for the discontinuation also. However, this Court in the light of the conclusions arrived at supra and the orders in W.P.No.35460 of 2013 & batch dated 08.06.2018 as also in the better interest of the petitioners / Home Guards opines that they shall attend and pass the physical fitness test to be conducted by the respondent authorities. Depending on the result in the physical fitness test, the deserving candidates shall be reinstated as Home Guards. Any such reinstatement, however, shall not confer benefit of any kind to the Home Guards / petitioners like seniority, back wages etc. With the above observations, the Writ Appeals and the Writ 16. Petitions stand disposed of. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this case, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Home Department State of Andhra Pradesh, Secretariat, Vetagapudi, Guntur District. 2. The AddI Director General of Police, Home Guards, A.P., Vijayawada. 3. The Superintendent of Police, Guntur District, Guntur. 4. The Superintendent of Police, East Godavari District, Kakinada. 5. The Registrar, Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad. 6. The Director General of Police, For the State of Andhra Pradesh, Mangalagiri, Vijayawada, Andhra Pradesh. 7. The Commissioner of Police, Vijayawada City. Krishna District. 8. The Commandant, Home Guards, Vijayawada, Krishna District. Superintendent 9. The Deputy Rajamahendravaram of Police, Home Guards 10. The Superintendent of Ananthapuram, Andhra Pradesh. The Superintendent of Police, Vishakapatnam, Vishakapatnam Police, Ananthapuram District 11. District 12. The Commandant, Home Guards Organization, Vishakapatnam The Sub Inspector of Police, Giddalur Prakasam District The Superintendent ^ Ananthapuram, Andhra Pradesh. The Deputy Superintendent of Police, Vijayawada, Krishna District. 13. PS, Giddalur Mandal 14. of Police, Ananthapuram District 15. Home Guards Unit, 16. The Reserve Inspector (Admin), Home Guards City, Krishna District. The Deputy Inspector General Unit, Vijayawada 17. of Police, Kurnool, Andhra Pradesh. 18. The Superintendent of Police, Kurnool District, Kurnool, Andhra Pradesh. 19. The Office of the Deputy Superintendent of Police, Home Guards Kurnool. 20. The Superintendent of Police, Ongole, Prakasam The Reserve Sublnspector, Home Guards District. Ongole, Prakasam 21. District. 22. The Chairman, State Level Police Recruitment Director General of Police Home Guards Maigaiagiri, Guntur District The Sub Inspector of Police, Ongole I Town Prakasam District The Inspector General of Police, i Mangalagiri, Guntur District, Andhra Pradesh. Board /Additional Organization, O/o The DGP 23. PS, Ongole Mandel 24. Home Guards, DGP Office, 25. The Superintendent of Police, Chittoor District. The Deputy Superintendent of Police Chittoor District. The Commandant, Home Guards, Andhra Pradesh. The Reserve Subinspector of Police, Chittoor District. Urban Police District, Tirupati, 26. Home Guards, Tirupati 27. Kurnool, Kurnool District, 28. I/C, Home Guards, Tirupati 29. One CC to M/s. S V Indira Advocate [OPUC] The Superintendent of Police, Chitoor District, Chitoor. One CC to Sri. Harinath Reddy Somagutta Advocate [OPUC] One CC to Sri. A Sreedhar Advocate [OPUC] One CC to Sri. T S N Sudhakar Advocate [OPUC] One CC to Sri. Palla Balu Anil Kumar Advocate [OPUC] One CC to Sri. Y N Anjaneyacharyulu Advocate [OPUC] One CC to Sri. K Srinivasa Prasad Advocate [OPUC] One CC to Sri. V R Reddy Kovvuri Advocate [OPUC] One CC to Sri. Poodattu 30. 31. 32. 33. 34. 35. 36. 37. 38. Amarender Advocate [OPUC] One CC to Sri. B Krishna Advocate [OPUC] One CC to Sri. Murali Lincoln Advocate [OPUC] One CC to Sri. Pradeep Kumar A Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra 39. 40. 41. 42. Pradesh [OUT] Pradesh 43. Two CCs to GP for Services I, High Court of Andhra [OUT] 44. Two CD Copies gsc HIGH COURT DATED;15/07/2025 COMMON ORDER WRIT PETITION NO: 23101 OF 2021, 7789, 7804 OF 2014 WA NO. 289 OF 2020, WP NO. 12074 OF 2020 WA NOS 336, 390, 437, 455, 465, 475, 493, 515, 559, 594,’604 2021' WP NO. 10649 OF 2021, WP NO. 5870 OF 2023, WP NOS. 24663, 27203, 28431 OF 2021 AND WA NO. 503 OF 2021 DISPOSING THE WPS AND WAS WITHOUT COSTS