Point of Law: A.P.Police Manual or Police Standing Orders are not binding on the Home Guards since Home Guards are governed by A.P. Home Guards Act, 1948 and rules framed thereunder in view of the adoption of the enactment and rules by virtue of A.P. Adaptation of Laws Order, 1957. At best, the respondents can pass appropriate order subject to the Act and Rules governing the service of Home Guards.

ORDER :

1. All these writ petitions are filed by the terminated/removed Home Guards under Article 226 of the Constitution of India for issue of Writ of Mandamus to declare the proceedings issued by the respondents either terminating or removing them from Home Guards Organisation as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and principles of natural justice; consequently set aside those proceedings and direct the respondents to reinstate the petitioners into Home Guards Organisation along with other consequential benefits. W.P.No.16218 of 2019:

2. The petitioner herein challenged the proceedings D.O.No.07 of 2012, Rc.No.B7/HGs/1295/2012 dated 19.06.2012 issued by respondent No.3.

3. The petitioner was deputed to work at Kuppam RTC Bus Depot. While discharging his duties, the petitioner allegedly misbehaved with ladies during Jatharas in intoxicated condition and collected money from the villagers styling himself as police constable, thereupon a letter was addressed by A.P.Road Transport Corporation for surrendering the petitioner to the Home Guards Organisation. Later, a show cause notice was issued on 02.02.2016 calling for explanation and on receipt of explanation, considering the same, the petitioner was removed from service. However, the removal of the petitioner on the said ground without conducting any enquiry is illegal. Therefore, the removal of the petitioner is contrary to the law declared by the High Court of Judicature at Hyderabad in “the State of Andhra Pradesh v. P.Prasad Rao, 2012 (4) ALT 324”

4. The respondents filed counter reiterating the reason assigned in the impugned proceedings i.e. the petitioner while working on deputation at Kuppam Bus Depot, he used to misbehave with ladies during Jatharas in intoxication condition and only on the letter addressed by the RTC, the petitioner was removed after following necessary procedure. It is further contended that the appeal filed by the petitioner before the Additional Director General of Police, Home Guards, Vijayawada was dismissed as there is no merit, consequently, the removal of the petitioner is in accordance with law, supported the impugned order. W.P.No.15611 of 2019:

5. The petitioner herein challenged the proceedings C.No.3823/H1/2017 and D.O.No.11/2018 dated 11.04.2018 issued by respondent No.4.

6. The petitioner was removed from Home Guards Organisation on the ground that he was collecting bribe from lorry drivers while discharging his duties at Y.V.Rao Estate Beat Point i.e. 12.00 noon to 16.00 hours, and 20.00 hours to 23.00 hours on 01.08.2017, the same was published in Eenadu daily newspaper. Thereupon, a show-cause notice was issued on 24.11.2017 calling for explanation. On submission of the explanation, considering the same, the order impugned in the writ petition was passed. However, the same is challenged on the ground that the no enquiry was conducted, thereby denied an opportunity to the petitioner to explain the same and that no crime was registered against the petitioner for indulging in corrupt practices, therefore, the impugned proceedings are liable to be set aside, the petitioner requested to set aside the same basing on the principle laid down by the Apex Court in “State of Madhya Pradesh v. Syed Quamar Ali, 1967 SLR 228” and the law declared by the High Court of Judicature at Hyderabad in “the State of Andhra Pradesh v. P.Prasad Rao” (referred supra).

7. Respondents filed counter denying all the material allegations, supported the order on the ground that the petitioner indulged in corrupt practices on the date and time referred in the writ petition. A news item was published in Eenadu Daily Amaravathi City edition at page No.20 with photographs “ting…. ting…. padithe right right…”, wherein it was specifically alleged that police allowing the hundreds of heavy transport vehicles through CVR Fly over