APHC010534832022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32818 of 2022 Between: 1. JOGI ASHOK KUMAR,, S/O. ASEERVADAM, AGED ABOUT 38 YEARS, OCC- POLICE CONSTABLE NO. 5162, NAGARAM PALEM POLICE STATION, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR RANGE, GUNTUR, ANDHRA PRADESH 4. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR DISTRICT. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR, GUNTUR RANGE, GUNTUR DISTRICT. RESPONDENT NO.5 IMPLEADED AS PER COURT ORDER DATED 07.05.2025 VIDE I.A.NO.1 OF 2025 ...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 to issue Writ, order or directions more particularly, one in the Writ of Mandamus by declaring the action of the respondents issuing the impugned proceedings C.No. 12/A5/OE-PR/2015, D.O.No. 584/2022 dated 05.09.2022 in awarding the punishment of Removal 2 from service and the suspension period spent by him from 20.11.2014 to 19.06.2015as Not on Duty without taking into consideration of the fact that the petitioner was acquittal in criminal case in CC.No. 50 of 2015 dated 15.06.2015 AN Total 212 days is treated as well as enquiry report dated 31.12.2016 and consequential rejection of Appeal vide proceedings C.No. 151/Appeal/2022, ROO.No. 727/2022 dated 14.12.2022 issued by the 5th respondent is illegal, arbitrary, violation of article 14,16 21 of the Constitution of India, apart from violation of Principles of Natural Justice and the same is liable to be set aside and consequently direct the respondents to reinstate the petitioner into service forthwith all consequential benefits and pass such other order or orders may deem fit and proper in the circumstances of the case Main Prayer amended/substituted as per Court Order dated 21-08-2025 vide IA No.2 of 2025 in WP No.32818 of 2022. Counsel for the Petitioner: 1. K SRINIVASA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32818 of 2022 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "….to issue Writ, order or directions more particularly, one in the Writ of Mandamus by declaring the action of the respondents issuing the impugned proceedings C.No.12/A5/OE-PR/2015, D.O.No.584/2022 dated 05.09.2022 in awarding the punishment of “Removal from service” and the suspension period spent by him from 20.11.2014 to 19.06.2015 AN (Total 212 days) is treated as “Not on Duty” without taking into consideration of the fact that the petitioner was acquittal in criminal case in CC.No.50 of 2015 dated 15.06.2015 as well as enquiry report dated 31.12.2016 and consequential rejection of Appeal vide proceedings C.No.151/Appeal/2022, ROO.No.727/2022 dated 14.12.2022 issued by the 5th respondent is illegal, arbitrary, violation of Article 14, 16 & 21 of the Constitution of India, apart from violation of Principles of Natural Justice and the same is liable to be set aside and consequently direct the respondents to reinstate the petitioner into service forthwith all consequential benefits and pass such other orders…….." 2. Learned counsel for the petitioner would submit that the relief prayed in the present Writ Petition is identical to the orders passed by a Co-ordinate Bench of this Court in W.P.No.4361 of 2023 dated 12.02.2026 and the petitioner herein is one of the co-accused and co- employee of the same department. Learned counsel appearing for the 4 petitioner would request this Court to pass similar order as passed in Writ Petition No.4361 of 2023. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 4. As seen from the order dated 12.02.2026 in W.P.No.4361 of 2023, it appears that the issue is identical. Hence, this Court is inclined to dispose of the present Writ Petition in terms of the order dated 12.02.2026 in W.P.No.4361 of 2023. Office is directed to enclose a copy of the order dated 12.02.2026 in W.P.No.4361 of 2023 to this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.08.2026 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32818 of 2022 Date: 05.08.2026 siva