1 APHC010524402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27476/2025 Between: 1. KASA KIRAN KUMAR, S/O K. VERASWAMY, AGED 39 YEARS, OCC CONSTABLE, ( UNDER ORDERS OF DISMISSAL FROM SERVICE), R/O KARYAMPUDI VARI STREET, PERALA POST, CHIRALA MANDAL PRAKSAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR REGION, GUNTUR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27476 of 2025 ORDER: In this writ petition, Petitioner is questioning non- consideration of his case for reinstatement in view of suspension of conviction of this Court in I.A.No.2 of 2024 in Crl.A.No.169 of 2024 dated 17.10.2024. 2. The Petitioner was working as Police Constable. While so, a criminal case was registered in Crime No.4 of 2016 in J.Panguluru Police Station under Sections 324, 384 and 506 read with 34 IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act at the instance of one Gollamudi Tirupallu. The Petitioner was arrayed as A.2. The same was numbered as Spl.S.C.No.20 of 2017 before the Family Judge-cum-FAC Special Judge for Trial of Offences under SC & ST (POA) Act-cum-VII Additional District and Sessions Judge, Ongole. 3. At the same time, a departmental enquiry was initiated against the Petitioner on 14.03.2016 under Rule 20 of APCS (CC & A) Rules. Questioning the same, the Petitioner filed O.A.No.492 4 of 2018 before the A.P.Administrative Tribunal and the same was disposed of by order dated 15.03.2018 directing the Respondents to stop the departmental proceedings pending trial in Spl.S.C.No.20 of 2017. 4. After due trial in Spl.S.C.No.20 of 2017, the trial Court by its order dated 26.02.2024 convicted the Petitioner for the offences alleged and sentenced to undergo rigorous imprisonment for a period of three years apart from fine of Rs.10,000/- among other punishments. Consequent to the conviction, Respondent No.3 vide proceedings C.No.1/PR/2016, R.O.O.No.246/2024 dated 15.04.2024 dismissed the Petitioner from service in view of the conviction in the criminal case. 5. Questioning the conviction order in Spl.S.C.No.20 of 2017, the Petitioner along with co-accused filed Crl.A.No.169 of 2024 before this Court and this Court by order dated 01.03.2024 in I.A.No.1 of 2024 in the Appeal suspended the sentence and later by order dated 17.10.2024 in I.A.No.2 of 2024 suspended the conviction. The operative portion of the order reads as under: 5 ‘Accordingly, this Interlocutory Application is allowed, suspending the conviction passed against the Petitioners/A1 and A2 vide judgment in S.C.No.20/2017, dated 26.02.2024, on the file of the Family Court-cum-VIII Additional District & Sessions Judge, Ongole, FAC Special Judge for trail of 5 offences under SC/STs (POA) 1989- cum-VII Additional District & Sessions Judge, Ongole.’ 6. In view of the suspension of conviction, the Petitioner had given a representation to Respondent No.3 to set aside the order of dismissal dated 15.04.2024 and to reinstate him into service. As the same is not being considered, the present writ petition is filed. 7. It is to be noted that this Court in W.P.No.29886 of 2023 in a similar fact scenario, after considering the relevant case law, passed a detailed order setting aside the order of dismissal and the Petitioner therein was directed to be reinstated into service pending disposal of Criminal Appeal. Paragraphs 16 and 17 thereof is extracted below: ‘16. Given, the discussion supra, since the conviction in the judgment dated 10.05.2023 in S.C.No.346 of 2013 on the file of the IV Additional District & Sessions Judge -cum- Special Judge for trial of offences against Women, Anantapuramu against the petitioner has been stayed till 6 disposal of the main appeal, the proceedings impugned are liable to be set aside. 17. Accordingly, this writ petition is allowed. The proceedings in R.C.No.1542/A4/2023, dated 10.08.2023, issued by respondent No.3 are hereby set aside. Respondent No.3 shall reinstate the petitioner, forthwith. No costs.’ 8. A similar view was taken by this Court in W.P.No.25196 of 2024 also. 9. In the present case, the Petitioner would have to be considered for reinstatement in view of the conviction being suspended by this Court as mentioned supra. 10. In that view, the Writ Petition is disposed of with the following directions: (a) The Respondents shall consider the representation of the Petitioner for reinstatement into service for revoking the order of dismissal of the Petitioner vide proceedings C.No.1/PR/2016, R.O.O.No.246/2024 dated 15.04.2024 taking note of the fact that the conviction was suspended by this Court and orders of this 7 Court in W.P.No.29886 of 2023 and W.P.No.25196 of 2024, within a period of six weeks from today. (b) There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 09.10.2025 Ivd 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27476 of 2025 Dated: 09.10.2025 Ivd