IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, SUBHENDU SAMANTA, JJ.
Dodla Penchalaiah, S/o. Penchalaiah - Appellant
Versus
The Director General of Police, Andhra Pradesh, Amaravati - Respondent
Writ Appeal No. 1364 of 2025
Decided On : 06-05-2026
JUDGMENT :
Battu Devanand, J.
This Writ Appeal is filed aggrieved by the order, dated 30.04.2025 passed by a learned Single Judge of this Court in W.P.(AT) No.22 of 2021.
2. The parties in the Appeal will be referred to as they are arrayed in the Writ Petition for the sake of convenience.
3. Heard Mr.V. Roopesh Kumar Reddy, learned counsel appearing for the appellant and learned Government Pleader for Services-I appearing for the respondents and carefully perused the material available on record.
4. Case of the petitioner:
(i) The petitioner is belonging to a Scheduled Tribe (S.T.) community. He applied for recruitment to the post of Police Constable pursuant to the notification-2008 (2) of State Level Police Recruitment Board, Andhra Pradesh. He appeared for the preliminary test (preliminary selection test of 5 km run) conducted in the month of March 2009 and he was qualified. Thereafter, he appeared and qualified in Physical Measurement Test conducted on 16.07.2009. Written examination was conducted on 13.09.2009. He also participated in Physical Efficiency Test (PET) performance (men) in various categorized tests and he was qualified.
(ii) In the village of the petitioner, there were political groups which were frequently making complaints against each other. The petitioner has no role either in the politics or in the village affairs. He is searching for employment. He was informed through his family members that on 03.01.2010 at about 15-00 hours, an altercation was took place between the revenue officials i.e., Mandal Surveyor, Buchireddypalem; the Village Revenue Officer, Bit-II; one Seenaiah and others. On 03.01.2010, basing on the complaint, a case in Crime No.4 of 2010 was registered for the offence under Section 323 r/w 34 of the Indian Penal Code against Seenaiah and others. Except the petitioner, all his friends were implicated in the said crime, who are agriculturists. Again on the same day, another crime i.e., Crime No. 6 of 2010 was registered for the offences under Sections 147, 148, 452, 323, 324, 427 r/w 149 Indian Penal Code against Seenaiah and others including the petitioner herein, who implicated as Accused No.13. The defacto complainant in Crime No.6 of 2010 is inimically disposed towards the petitioner’s family and knowing the fact that the petitioner was selected in the police constable recruitment, he was implicated in the second case as afterthought. Though there is no offence attributable against the petitioner, a charge sheet was filed in C.C.No.107 of 2010 on the file of the Additional Judicial Magistrate of First Class, Kovur. The petitioner was informed that he would not be considered for training due to pendency of the charge sheet.
(iii) The petitioner is advised that pending criminal case, he cannot prohibit undergoing for training and accordingly, the petitioner approached the Andhra Pradesh Administrative Tribunal by filing O.A.No.1381 of 2013. During pendency of the said O.A., the petitioner was acquitted in C.C.No.107 of 2010 on the file of the Additional Judicial Magistrate of First Class, Kovur, by its judgment, dated 19.03.2014. At that stage, the petitioner filed Miscellaneous Application in M.A.No.2235 of 2014 seeking direction to send him for training due to closure of the criminal case against him. The Tribunal by order, dated 15.09.2014 directed the respondent authorities to consider the petitioner’s request for training keeping in view of the acquittal in criminal case. Pursuant to the said order, the petitioner’s case was examined and 2nd respondent issued speaking order vide Memo in Rc.No.114/R&T/Admin.2/ 2013, dated 22.12.2014 rejecting the request of the petitioner to send him for training. Subsequently, O.A.No.1381 of 2013 was dismissed for default by order, dated 24.06.2016 by the Administrative Tribunal. Seeking to set aside the dismissed for default order, the petitioner filed M.A.No.1675 of 2016 and it was dismissed on 24.10.2017. Thereafter, the Tribunal by its order, dated 24.
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