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VENKATESWARLU NIMMAGADDA
G. Potha Raju – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Venkateswarlu Nimmagadda, J.
1. This writ petition is filed claiming the following relief:
2. The case of the petitioner is as follows:
3. The petitioner herein got selected as Home Guard at Vijayawada city Unit in the year 2007. Since then
Home Guards are civil servants entitled to due process under Article 311(2) of the Constitution, necessitating a fair inquiry before removal.
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 ....
The central legal point established in the judgment is that the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
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