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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Arup Kumar Goswami, Ninala Jayasurya, JJ.
The State of Andhra Pradesh and Ors. – Appellants
Versus
K. Bhagya Srinivas – Respondent
Writ Appeal No. 207 of 2021
Decided On : 23-09-2021
Andhra Pradesh Civil Services (Classification, Control And Appeal) Rules, 1991 – Rule 3, 20 – Writ appeal - mercy petition - order of removal from service - Held, in light of scheme of CCA Rules, it is, ex facie, evident that entertaining of a "mercy petition" is wholly without jurisdiction and no direction could have been issued on basis of a "mercy petition" to appellate authority under CCA Rules or his superior to act in a particular manner and therefore, Court have no hesitation to hold that such uncalled for interference in disciplinary matter cannot be allowed to stand - If petitioner was really aggrieved, he should have taken recourse to assail order of removal from service and order in appeal and in revision by initiating appropriate proceedings in accordance with law - Learned single Judge failed to take note of these aspects of matter and proceeded to hold that Government order has to be followed overlooking fact that such intervention was not within jurisdiction of Government - Writ appeal is allowed.
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. N. Aswartha Narayana, learned Government Pleader for Services I appearing for the appellants. Also heard Mr. P. Narasimha, learned counsel appearing for the respondent/writ petitioner.
2. This writ appeal is preferred against the judgment and order dated 17.08.2020 passed by the learned single Judge in W.P. No. 13444 of 2020, by which, the writ petitioner sought a direction to respondent No. 2 (appellant No. 2 herein) to implement G.O.Rt. No. 185 dated 19.02.2020 issued by the respondent No. 1 (appellant No. 1 herein) for reinstating the petitioner into service as Police Constable in Anti Naxal squad, Kakinada, Eluru Range, East Godavari District.
3. The petitioner was appointed as police constable on 19.01.2012 and he was attached to the Anti Naxal Squad and later, he was posted as a security personnel for escort duties.
4. He was treated as a deserter with effect from 02.03.2015 and the disciplinary authority had passed an order awarding punishment of removal vide C. No. 25/OEPR/2016 dated 27.10.2017.
5. The order dated 19.02.2020, implementation of which was prayed for by the petitioner, reads as follows:
| "GOVERNMENT OF ANDHRA PRADESH | |
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| ABSTRACT | |
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| Police-Revision Petition of Sri. K. Bhagya Srinivas, (f) PC 2004 of ANS Kakinada, Eluru Range, East Godavari District against the punishment of "Removal from Service"-Punishment set aside and Out of Employment period treated as Not on Duty-Orders-Issued. | |
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| HOME (SERVICES. II) DEPARTMENT | |
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| G.O.Rt. No. 185 | Dated: 19.02.2020 |
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| Read the following: |
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| 1. Representation of Sri. K. Bhagya Srinivas, formerly PC 2004 of ANS Kakinada, Eluru Range, East Godavari District, dated 06.03.2019. | |
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| 2. Government Memo. No. 893(P)/Ser.I/A1/2019-1, Dt: 20.03.2019. | |
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| 3. From the DGP, AP, Mangalagiri, Lr.Rc. No. 386/T1/2019, Dt: 12.09.2019. | |
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| @ @ @ | |
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| ORDER: | |
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| In the reference 3rd read above, the Director General of Police, Andhra Pradesh has stated that the Superintendent of Police, East Godavari district, in the letter dated: 17.07.2019 has informed that Sri. K. Bhagya Srinivas, PC 2004, of ANS Kakinada, East Godavari District, was dealt with on a Major Charge under Rule 20 of A.P.C.S. (CC&A) Rules, 1991 vide Memorandum of Charge, dated: 26-09-2016, for the following delinquency :- | |
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| Charge: "Sri. B. Srinivas, PC 2004 of ANS Kakinada has absented himself from duty on 02-03-2015 F.N. and completed 21 days desertion period by 22-03-2015 A.N. vide Special report of Reserve Inspector ANS Kakinada dated 10-03-2015 & 24-03-2015. As per order No. 184 of APPM Vol. 1, he was declared as deserter with effect from 02-03-2015 F.N. vide D.P.O. vide 330/2015 in (C. No. 225/A-5/2015), dated 09-04-2015. | |
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| Exhibited gross neglect of duty and misconduct by absenting himself from duty, which is unbecoming of a responsible PC (Govt. Servant) and thereby violated Rule 3 of APCS (CC&A) Rules, 1964." | |
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| 2. The Superintendent of Police, East Godavari District duly following the procedure prescribed in the A.P.C.S. (CC&A) Rules, 1991, has awarded the punishment of "Removal from Service" and period covered by the medical certificate from 02-02-2015 F.N. to 01-03-2015 A.N. treated as 'eligible leave' and the absent period from 02-03-2015 F.N. to 29-10-2017 treated as 'Not on Duty', vide proceedings, dt: 27.10.2017. | |
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| 3. The Appeal Petition was considered and 'rejected' by the Inspector General of Police, Guntur Range, Guntur, FAC Eluru Range, Eluru, vide Proceeding, Dt. 20-03-2018. The Revision was considered and Rejected by the Inspector General of Police (Personnel), vide proceedings, dated 13.03.2019. | |
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| 4. Aggrieved by the above orders, the Charged | |
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