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2011 Supreme(AP) 725

V.V.S.RAO, K.G.SHANKAR
State of Andhra Pradesh – Appellant
Versus
P. Prasad Rao – Respondent


Advocates Appeared:
For the Petitioners: G.P for Services – I.
For the Respondents:A. Sreedhar, L.V.S. Nagaraju, Advocates.

Judgment :

V.V.S. RAO, J.

1. The short but significant question that would arise in these eleven writ petitions is as to whether a Home Guard (HG) appointed under the Andhra Pradesh Home Guards Act, 1948 (the Act) whose conditions of service are regulated by the Madras Home Guards Rules, 1949 (the Rules), as applicable in the State of Andhra Pradesh, can be removed from the rolls of the Home Guards Organization (HGO) without giving adequate opportunity to answer the allegations of misconduct and, if the answer is in the negative, what is the extent and measure of adequacy of opportunity that should be provided to a delinquent HG? As the issue is common in all the matters it would be expedient to dispose of all the matters by a common order. Illustratively the factual background in two writ petitions need to be highlighted in brief for better appreciation of the controversy.

2. The writ petition, being W.P.No.21661 of 2011, is filed by the State, Commissioner of Police, Joint Commissioner of Police and the Commandant, Home Guards, Hyderabad City, against the order in O.A.No.2583 of 2008, dated 01.10.2010, of the Andhra Pradesh Administrative Tribunal, setting aside the order dated 12





































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