A APHC010352702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) tt' c/> < - y- * FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17959 OF 2025 Between: Chodipilli Ramanadh, S/o Nookeswara Rao, Aged about 40 years, Occ- Police Constable, R/o. D.No. 10-417, Eshwar Nagar, Mohan Convent Road, Near A.P.S.P, Kakinada, Kakinada District (Erstwhile East Godavari District). ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Inspector General of Police, Eluru Range, Eluru District, (Erstwhile West Godavari). 3. The Superintendent of Police, Kakinada, Kakinada District, (Erstwhile East Godavari 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 or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to C.No. 06/Appeal-PI/DIG/2025 in R.O.No.366/2025 in rejecting the appeal filed by the Petitioner without any observations and findings and the order of Respondent No.3 issued vide D.O.No. 78/2025 in C.NO.31/OE-PR/2025, dated 17.02.2025 in dismissing the Petitioner from service without cogent evidence and specific findings about the desertion from the enquiry report submitted by the Inquiry Officer vide C.N0.35/OE-PR/2025 in C.No.5/OEPR/SDPO-A/2015, dated 28.12.2021 in imposing major penalty of dismissal from service as nothing but illegal, arbitrary, erroneous, highhanded and violative of The Civil Services (Classification, Control and Appeal) Rules, 1991 and violative of Article 14 and 21 of The Constitution of India, much less violative of Principles of Natural Justice and Consequently set aside the impugned proceedings issued by the Respondent No.3 merged to the orders made by the Respondent No.2 with all consequential and attended benefits. 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 direct the Respondents 2 and 3 to continue the Petitioner in service as on the date of 17.02.2025 by suspending the operation of the orders issued D.O. No. 78/2025 in C.No.31/OE-PR/2025, dated; 17.02.2025 issued by the Respondent No.3 merged in the order made by the Respondent No.2 issued vide C.No.06/Appeal-P1/DIG/2025 in R.O.No.366/2025, dated: 19.05.2025, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: vide APHC010352702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17959 OF 2025 Between: Chodipilli Ramanadh ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17959 OF 2025 ORDER: The present Writ Petition is filed questioning the order passed in C.No.06/ Appeal-P1/DIG/2025 in R.O.No.366/2025 in rejecting the Appeal filed by the Petitioner, without assigning any reasons to the grounds urged by the Petitioner in the grounds of Appeal as illegal and arbitrary. 2. The facts leading for filing the Writ Petition are as follows:- The Petitioner was working as Police Constable and a Criminal Case was filed against him under Sections 419, 384 read with 34 of IPC in Crime No. 87 of 2015, wherein it is alleged that the Petitioner had introduced himself as a constable to them, snatched Rs. 70,000/- from Akula Srinivas and mobile phone from Janaki Ram, which was numbered as C.C.No.504 of 2015 and the same was ended in acquittal vide Judgment dated 09.12.2022, wherein it was held that the prosecution had miserably failed to establish the guilt of the Accused. The departmental proceedings were issued against the Petitioner on 07.09.2015 by issuing Articles of Charge under Rule 20 of Andhra Pradesh Civil Services (Conduct) Rules, 1964. 3. Pursuant to the departmental enquiry, the Petitioner was imposed penalty of dismissal from service, vide Order, dated 28.12.2021. Aggrieved by the same, the Petitioner had filed Departmental Appeal on 22.02.2025 and the same was disposed of, vide order, in C.No.06/Appeal-P1/DIG/2025, dated 19.05.2025 issued by Inspector General of Police, Eluru Range, Eluru by a '**v one paragraph order rejecting the Appeal. Hence, the present Writ Petition came to be filed. 4. Heard Sri A.K.Kishore Reddy, learned counsel for the Petitioner and learned Government Pleader for Services-I for the Respondents. 5. The Appeal filed by the Petitioner was elaborate and detailed reasoning was given by the Petitioner by raising various grounds that he did not commit any offence as alleged in the departmental enquiry. The Appeal runs into nearly 30 pages. It was stated in the grounds of Appeal that the enquiry report held the charges ‘not proved’ and the Petitioner was acquitted in the Criminal Case for the very same charge. Inspite of elaborate grounds, the Appellate Authority passed the impugned order, without addressing any of the contentions raised by the Petitioner and in the opinion of this Court, the same is not a fair exercise of Appellate power. It is quite rudimental that reasons are to be given while disagreeing with the grounds urged in the Appeal and one paragraph order can only be termed as abuse of power. 6. Therefore, the impugned order vide C.No.06/Appeal-P1/DIG/2025 dated 19.05.2025 issued by Inspector General of Police, Eluru Range, Eluru is set aside, and the Writ Petition is disposed of with following directions: (i) The Respondent No.2 shall reconsider the Appeal and pass reasoned order, within a period of eight (08) weeks from the date of receipt of a copy of this order. (ii) The Respondent No.2 shall specifically address the enquiry report, which held the charge as ‘not proved’ and the Judgment of the Criminal Court in C.C.No.504 of 2015, dated 09.12.2022 passed by the Principal Judicial Magistrate of I Class, Pithapuram, wherein the Petitioner was acquitted of the same charge. (iii) The Petitioner shall also be afforded an opportunity of personal hearing by Respondent No.2 before disposal of Appeal. 7. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR secItot^i^icer //TRUE COPY// To 1. The Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati, Guntur District. The Inspector General of Police, Eluru Range, Eluru District, (Erstwhile West Godavari). The Superintendent of Police, Kakinada, Kakinada District, (Erstwhile East Godavari District). One CC to Sri A K Kishore Reddy, Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. TF HIGH COURT DATED:18/07/2025 ORDER WP NO. 17959 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS