Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE K MANMADHA RAO, J
Polinati Sravan Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an appropriate order writ or direction more particularly one in the nature of writ of mandamus declaring the proceedings vide D.No.475/2017 C.No.21/0EPR/2016, dt.12.06.2017 issued by the 4th respondent in imposing punishment of removal from service of the petitioner with immediate effect and further confirming the same by the 2nd and 3rd respondents is illegal and arbitrary and violation of procedure contemplated under Rule 20 of APCS (CC & A) Rules, 1991 and consequently direct the respondents 2 to 5 to reinstate the petitioner into service as Civil Police Constable (PC) with immediate effect with all service benefits….”
2. Brief facts of the case are that the petitioner was appointed as Civil Police Constable (PC) in 2003. Subsequently, the petitioner was posted to the Anti-Narcotics Squad (ANS) in Kakinada after successfully completing police training at PTC, Vizianagaram. Later, the petitioner was transferred to the Uppalaguptam Police Station in East Godavari, within the Amalapuram sub-division, where the petitioner worked for about a year. In 2014, the pe
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
