ORDER :

1. This writ petition is filed by the petitioners under Article 226 of the Constitution of India for the following reliefs:

“...to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in having issued orders, inflicting punishment of “PPI for two years with effect on future increments and pension” in C.No.09/A5/OE-PR/2015/DO No.624/2020, dated 24.09.2020 read with the orders of the 2nd respondent in C.No.127/Appl/2020/Roo No.244/2021, dated 04.06.2021 and the orders of the 3rd respondent in D.D. is No.886/T4/2021, dated 02.02.2022 as illegal and violative of Articles 14, 16, 21 and 311 of the Constitution of India and set aside them with all consequential benefits and also declare that denial of promotion the cadre of Head Constable without considering delay as illegal and unconstitutional and pass such other order or orders...”

2. Heard learned counsel for the petitioners and learned Government Pleader for the Respondents.

3. The brief facts of the case are that while the petitioner was working as Police Constable in Nallapadu, Guntur District, it appeared in the press news published in telugu daily (Eenadu) in its local edition about the organising Gambling (Playing cards) on a large scale in Guntur City and also in the outskirts of the city on 03.10.2013. On the basis of the paper clippings, Respondent No.1 instructed the SHO, Nallapadu Police Station to put check upon the Gambling. The SHO, Nallapadu got the information between 03.00 PM to 4.00 PM about the gambling. Then the SHO was instructed his subordinate constable to apprehend the organiser of the gambling and petitioner was also entrusted to assist him. As per the instructions of SHO both the petitioner as well as another constable apprehended the organiser and brought to the police station and produced before the SHO. In the meanwhile, the SHO, Chebrolu raided the said gambling place to caught hold the gamblers but failed. In fact, as per the SHO, Chebrolu two constables from Nallapadu Police Station i.e. P. Sunil Kumar and petitioner have collected Rs.10,000/- from gambling organiser and pass on information of raid, as such they were to produced before the SHO, Nallapadu police station for necessary action.

4. Pursuant to the statement of SHO, Chebrolu, a preliminary enquiry was ordered and one B.Srinivasarao, SDPO, South Staff Division, Guntur Urban was appointed as Preliminary Enquiry Officer and he submitted a preliminary enquiry report on 28.05.2015.

5. Basing upon the preliminary enquiry report Articles of Charges were framed under Rule 20 of APCS (CCA) Rules, 1991 and Additional Superintendent of Police, Guntur Urban was appointed as Regular Enquiry Officer vide proceedings dated 17.11.2015. The petitioner submitted his explanation dated 11.12.2015. The Enquiry Officer after completion of enquiry, submitted his report dated 22.11.2016 holding that the allegations against the petitioner are not proved. Even though the Enquiry Report held that the allegations against the petitioner were not proved but the disciplinary authority i.e. Respondent No.1 issued a dissent note dated 28.04.2017 and disagreeing the findings of the Enquiry Officer regarding the charge and directed the petitioner and another for submission of their defence/explanation within ten days for proposed action, for which the petitioner submitted his detailed explanation dated 02.11.2017.

6. Finally, Respondent No.1 issued impugned proceedings awarding punishment of “PPI for two years with effect on future increments and pension” and the suspension period of delinquent Sri K. Srinivasa Rao, PC 2795 (Petitioner) from 26.12.2014 to 14.05.2015 (139 days) was treated as “Not on Duty.”

7. Having the Right of Appeal, the petitioner assailed the impugned order dated 24.09.2020 by way of Appeal before Respondent No.2 and the said Appeal was rejected vide proceedings dated 04.06.2021. The same were assaile