APHC010154092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7891/2025 Between: C Sreenivasulu ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 W.P.No.7891 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings vide D.O.No.286/2023, Rc.No.10/OEPR-A3/2023 dt.11.04.2023 issued by the 4th respondent in imposing the punishment of dismissal from service and the suspension period w.e.f., 15.06.2020 to 03.11.2020 FN is treated as not on duty and also rejecting the appeal vide Rc.No.24/Appeal/2023- 24, R.O.O.No.44/2024 dt.23.02.2024 by the 3rd respondent without assigning any reasons, without considering the contentions raised in the grounds of appeal is illegal and arbitrary and set aside the same and consequently direct the respondents to reinstate the petitioner into service forthwith with all consequential benefits and pass such other order or orders.…” 2. Heard Sri N.Aswartha Narayana, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner was appointed as Constable in XI Battalion, APSP, Bakarapet, Kurnool District, and later got promoted as Head Constable. Crime No.254 of 2019 of Sidhout Police Station, was registered against him for the offences punishable under Sections 420 r/w 34 of the Indian Penal Code, in which he was arrayed as accused No.4. In view of the same, he was placed under suspension and disciplinary proceedings were initiated against him by issuing memo of charge dated 21.07.2020. The petitioner came to be 3 W.P.No.7891 of 2025 reinstated into service on 04.11.2020. After filing of charge sheet, the criminal case was numbered as C.C.No.71 of 2021 on the file of learned Judicial Magistrate of First Class, Sidhout. The criminal proceedings, after being referred to Lok Adalat bench, ended in compromise by an order dated 19.06.2021 and closed by acquitting the petitioner from aforesaid offences. 4. Subsequent to the same, in the departmental proceedings, the Inquiry Officer submitted inquiry report dated 17.07.2021 holding that charge against the petitioner was proved. These proceedings ultimately ended against the petitioner, as the 4th respondent by an order dated 11.04.2023 imposed major punishment of dismissal from service and the suspension period with effect from 15.06.2020 to 03.11.2020 was treated as not on duty. Assailing the same, the petitioner preferred appeal before the 3rd respondent, who by order dated 23.02.2024 confirmed the same. The petitioner aggrieved by aforesaid orders of 4th respondent, as confirmed by 3rd respondent, preferred revision before 2nd respondent on 19.03.2024, which is stated to be pending. 5. Learned counsel for the petitioner submits that original order of 4th respondent dated 11.04.2023 was without considering and appreciating the fact that criminal case against the petitioner ended in acquittal and further, even the appellate authority without referring 4 W.P.No.7891 of 2025 to the grounds urged in the appeal and adverting to the same, summarily rejected the appeal. Therefore, the same requires to be set aside. 6. Learned Assistant Government Pleader for respondents opposing the aforesaid submissions, primarily contends that since the petitioner has already preferred revision before the 2nd respondent, which is stated to be pending consideration, the petitioner cannot avail parallel remedies by approaching this Court. 7. Having considered the submissions, this Court finds that since the petitioner has already filed revision before the 2nd respondent on 19.03.2024, which is stated to be pending, the legality or otherwise of the impugned order dated 11.04.2023, as confirmed by the 3rd respondent in appeal, cannot be inquired into, at this stage. 8. Therefore, the Writ Petition is disposed of, directing the 2nd respondent to decide the revision after affording an opportunity of hearing to the petitioner and pass appropriate speaking order, strictly in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner is at liberty to place on record the order passed by criminal Court acquitting him and also any other decisions to be cited in support of his case, during hearing of the matter, which shall be 5 W.P.No.7891 of 2025 taken on record and considered while disposing the revision. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 26.03.2025 KBN 6 W.P.No.7891 of 2025 97 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7891/2025 Date: 26.03.2025 KBN