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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE K MANMADHA RAO, J
Annabathula Veera Balaji – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
K Manmadha Rao, J.
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“……to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings issued by the 5th respondent in D.0.1621/2019 and C.No.21/0EPR/2017 dated 09.03.2019 which was up held by the appellate and review authority thereby removing the petitioner from service,e as illegal, irregular, irrational, non-discharge of legal obligation conferred on them and offends Articles 14 and 16 of Constitution of India and consequently direct the respondents to reinitiate the petitioner in to service with continuity of service and all other benefits and pass………….”
2. Brief facts of the case are that he petitioner was appointed for the post of Armed Reserve Constable (PC3347) in the years 2009 and since then he discharged his duties with utmost satisfaction of his superiors. The petitioner mother namely Smt. Veera Vani who was suffering for ill health and admitted in hospital and unfortunately died on 23.08.2016. As no one to see to look after the welfare of his mother, he prepared to go to job after completion of all death formaliti
Termination of service without due process violates Articles 14 and 16 of the Constitution, necessitating adherence to principles of natural justice.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
The petitioner was given a fair opportunity to show cause and had admitted to the charges of unauthorised absence. The delay in approaching the court after the service termination disentitled the pet....
Termination of service under Rule 17(a)(ii) of A.P. State and Subordinate Service Rules is justified for unauthorized absence, emphasizing the need for due process and consideration of employee condu....
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