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APHC010162372023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8314/2023 Between:
1. K.CHENNA REDDY, S/O. CHANDRA REDDY, AGED 54, OCC. DIST. ARMED RESERVEE POLICE, ANANTAPUR, A.R.P.C. NO. 942, R/O. D.NO. 12/2/8/2, SAINAGAR, 8TH CROSS, ANANTAPUR -515001
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,A.P SECRETARIAT AMARAVATHI, HOME DEPARTMENT , VELAGAPUDI,GUNTUR DISTRICT
2. THE DIRECTOR GENERAL OF POLICE, MANGALGIRI ANDHRA PRADESH,
3. THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE RAYALASEEMA REGION, A.P
4. THE DEPUTY INSPECTOR GENETAL OF POLICE, , ANANTAPUR RANGE, ANANTAPUR, ANANTAPUR DISTRICT. 5. THE SUPERINTENDENT OF POLICE, ANANTAPUR, ANANTAPUR DISTRICT. ...RESPONDENT(S):
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent order passed vide Proceedings C.No. 561/OE/PR/A6/2011. D DO. No 449/2013, dated 29-05-2013, as rejected by the 4th respondent, Proceedings C. No 62/C2/Appeal/R0/2013 ROO. No 300/2013, dated 05-12-2013, as consequently rejected by the 3rd respondent vide Proceedings in D. Dis No 45/1GP/South Zone/RR.II/2014 (RO.No. 69/2014, dated, 24-04-2014 is illegal, arbitrary and contrary to the rules and set aside the same and consequently direct the respondents to release the increments with all consequential benefits. To the petitioner and pass
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The writ petition is filed seeking to declare the order passed by the 5th respondent vide Proceedings C.No.561/OE/PR/A6/2011, D.O.No.449/2013, dated 29.05.2013, which was rejected by the 4th respondent vide Proceedings C.No.62/C2/Appeal/RO/2013, R.O.O.No.300/2013, dated 05.12.2013, and which was consequently rejected by the 3rd respondent vide Proceedings in D.Dis.No.45/1GP/South Zone/RR.II/2014 (R.O.No.69/2014), dated 24.04.2014, as illegal and arbitrary. 4. In fact, the 5th respondent imposed a punishment of reduction of two increments vide proceedings dated 29.05.2013. With regard to the same proceedings, an identical punishment was imposed on another employee, who approached the Tribunal by filing O.A.No.4401 of 2014. The said O.A.No.4401 of 2014 was allowed by order dated 31.08.2017.
Though the present petitioner had also assailed the proceedings by filing an O.A., after the abolition of the Tribunal, the said O.A. was transferred/transmitted to the High Court of Andhra Pradesh. During the intervening period, the petitioner filed the present writ petition and withdrew the transferred O.A.
5. The contention of the petitioner is that since the issue has already been considered by the Tribunal in O.A.No.4401 of 2014, the petitioner is also entitled to the same relief. 6. Considering the same, and without going into the merits of the case, on perusal of the order passed by the Tribunal in O.A.No.4401 of 2014, the writ petition is disposed of by directing the 3rd respondent to reconsider the case of the petitioner once again in terms of the order passed by the Tribunal in O.A.No.4401 of 2014. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 26.02.2026
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150 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 8314/2023
26.02.2026 klk