APHC010327002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S', o^. /■ THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE IS PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJaU WRIT PETITION No: 16407 OF 2025 Between: Sri L.V.V.Sarveswara Rao, S/o.Somulu Konda, Age 50 years, Occ; Ex-Home Guard 542 R/at D.No.55-40-23, HB Colony, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department Secretariat Buildings Velegapudi At Amaravti 2. The Additional Director General of Police/IGP, Home Guards At Vijayawada NTR District, Andhra Pradesh. 3. The Commissioner of Police & Additional District Magistrate, O/o Police Commisionarate Complex, Visakhapatnam City At Visakhapatnam. ...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 particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 issuing proceedings vide DO.No.859/2024 in C.No.6974/H1/2022 dated 23.09.2024 as illegal, arbitrary and violation of the Fundamental Rights guaranteed to the petitioner under Articles 14,16,19, 21 of Constitution of India and consequently direct the respondent No.3 to pass the orders for reinstating the petitioner in to the service of Appeal date submitted by the Petitioner on rolls of Home Guard and duly set 16.10.2024 aside the % proceedings vide DO No.859/2024 in C.No.6974/H 1/2022 dated 23.09.2024 passed by Respondent No.2 and consider to pay the salary from the date of removal to the date of reinstatement to the petitioner. 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 directing the respondent No.3 to pass the orders for reinstating the petitioner in to the service of the Appeal date 16.10.2024 submitted by the Petitioner rolls of Home Guard by consider the petitioner representation date 12.09.2024 forthwith pending disposal of the above writ petition and Counsel for the Petitioner: SRI DHANA RAJU GUNTU Counsel for the Respondents: ASST.GP FOR SERVICES-I The Court made the following order: on pas APHC010327002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ' (Special Original Jurisdiction) [3506] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16407/2025 Between: 1.L VV SARVESWARA RAO, S/O.SOMULU KONDA, AGE 50 YEARS OCC EX HOME GUARD 542 R/AT D.NO.55-40- 23,HB COLONY. VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL HOME DEPARTMENT SECRETARIAT SECRETARY BUILDINGS VELEGAPUDI AT AMARAVTI 2.THE ADDITIONAL DIRECTOR GENERAL OF POLICE / IGP, HOME GUARDS AT VIJAYAWADA NTR DISTRICT. ANDHRA PRADESH. 3.THE COMMISSIONER OF POLICE ADDITIONAL DISTRICT MAGISTRATE, 0/0 POLICE COMMISIONARATE COMPLEX, VISAKHAPATNAM CITY AT VISAKHAPATNAM. ...RESPONDENT(S): 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 toPleased to issue a writ, order or direction more MANDAMUS declaring the action of the Respondent No.2 issuing proceedings vide DO No.859/2024 in C.NO 6974/H1/2022 dated 23.09.2024 as illegal, arbitrary and violation of the Fundamental particularly one in the nature of WRIT OF 2 HCGRJ W.P.No.16407 of 2025 Rights guaranteed to the petitioner under Article 14,16,19, 21 of Constitution of India and consequently direct the respondent no.3 to s pass the orders for reinstating the petitioner in to the service of Appeal date 16.10.2024 submitted by the Petitioner on rolls of Home Guard and duly set aside the proceedings vide DO No.859/2024 in C.NO 6974/H1/2022 dated 23.09.2024 passed by Respondent No.2 and consider to pay the salary from the date of removal to the date of reinstatement to the petitioner and pass 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 Pleased to directing the respondent No.3 to pass the orders for reinstating the petitioner in to the service of the Appeal date 16.10.2024 submitted by the Petitioner on rolls of Home Guard by consider the petitioner representation date 12.09.2024 forthwith pending disposal of the above writ petition and pas Counsel for the Petitioner: 1.DHANA RAJU GUNTU Counsel for the Respondent(S): 1.GP FOR SERVICES I 3 HCGRJ W.P.No.16407 of 2025 The Court made the following Order: Petitioner assails the order dated 23.09.2024, passed by the 3rd respondent, removing him from service. Departmental proceedings were initiated against the petitioner, on account of he being involved in a criminal case, which later culminated into C.C.N0.575 of 2023, on the file of learned XVI Additional Metropolitan Magistrate, Bheemunipatnam for the offences punishable under Section 509 of the Indian Penal Code, 1860 and Section 67A of the Information Technology Act, 2000. The criminal proceedings ultimately ended in acquittal by judgment dated 17.01.2024. However, departmental proceedings were proceeded with and the Inquiry Officer submitted report holding that charges are not proved, despite the same, the disciplinary authority by recording the descent proceeded with, passed impugned proceedings dated 23.09.2024. Petitioner has immediately filed appeal on 16.10.2024 before the 2"*^ respondent, which is pending consideration. 2. Heard Sri Dhana Raju Guntu, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. Learned counsel for the petitioner submits that it would suffice to direct the 2"'^ respondent to dispose of the appeal, as the same is 3. pending for a considerable period of time, and that the petitioner is removed from service. 4 HCGRJ W.P.No.16407 of 2025 pending for a considerable period of time, and th*at the petitioner is removed from service. 4. Learned Assistant Government Pleader appearing for respondents, on the other hand, submits that the appeal preferred by petitioner would be considered and disposed, in accordance with law. 5. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of at the* admission stage, directing the respondents to dispose of the appeal preferred by the petitioner, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velegapudi, Amaravati, Guntur District. The Additional Director General of Police/IGP, Home Guards At Vijayawada NTR District, Andhra Pradesh. The Commissioner of Police Additional District Magistrate, O/o Police Commisionarate Complex, Visakhapatnam City at Visakhapatnam. One CC to Sri Dhana Raju Guntu, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] Two CD Copies. 2. 3. 4. 5. 6. gi HIGH COURT DATED:03/07/2025 ORDER WP No. 16407 OF 2025 OF AND/y;^ 2^ 11 JUl 2075 Xo ^ . Current Section DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS