ORDER :

Heard the Learned counsel for the petitioner and the learned Government Pleader for Home.

2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the respondents 2 to 5 in terminating the petitioner’s service as bad, arbitrary, illegal and against the principles of natural justice by setting aside the Order C No.2848/A1/2016-18, C.O.No.2075 of 2018 dated 27.10.2018 of the 5th Respondent and consequential order C No.E1/175/2018-RO No. 744/2018 dated 29.10.2018 of the 2nd respondent and direct the respondents to reinstate the petitioner forthwith with all consequential service benefits by treating the interregnum period as on duty for all purposes including salary.

3. The case of the Petitioner, in brief, is as follows:

a) Petitioner’s father died while working as Constable in Warangal Rural and the petitioner has been appointed as Junior Assistant on Compassionate Grounds in Warangal District Police Office against roaster point (73-OC) vide order dated 03.10.2016, SP, Warangal and the petitioner was subsequently working in the office of DIG Range Office, Warangal.

b) The Petitioner had been terminated from services by the orders of the Commissioner of Police dated 27.10.2018 for alleged involvement in a criminal case u/s. 290, 324 r/w 34 of Indian Penal Code of Nallbelli PS during the time of petitioner’s appointment.

c) By another consequential order, dated 29.10.2018 from the office of IGP, North Zone, Telangana petitioner had been terminated from services which are bad, arbitrary and illegal, as the petitioner had not been given notice before terminating the petitioner from services.

d) Moreover, the criminal charges against the petitioner have been acquitted in CC No. 440 of 2016 and the same was closed on the file of Judicial Magistrate, 1st Class, Narsampet vide its judgment 08.07.2017 and the petitioner was released on probation of good conduct and no punishment is pending against the petitioner and hence the same was not mentioned during the petitioner’s appointment into service.

e) The Petitioner since his employment into service has been discharging his services to the utmost satisfaction of the petitioners superiors and terminating petitioner on irrelevant grounds is unjust and unreasonable, as the petitioner had been appointed on compassionate grounds. Hence, the Writ Petition is filed.

4. The case of the Respondents, in brief, is as follows:

a) The Petitioner has been appointed into service as Junior Assistant on Temporary Basis vide C.No.2842/A1/2016 D.O.No.2753/2016 dated 03.10.2016 and reported to duty on 07.10.2016, under compassionate grounds of Rule 10(a)(i) of TS State and Subordinate Service Rules 1996 and is subjected to be terminated without any prior notice and without assigning any reason, subject to verification and outcome of his character and antecedents.

b) On Verification, it was found out that the Petitioner was involved in the Criminal Case as A1 in Cr.No 72/2016 u/s 290, 324 r/w 34 of Indian Penal Code of Nallbelli PS and charge sheet was filed on 17.07.2016 vide CC.No.440 of 2016 dated 08.07.2017. The Court of Judicial Magistrate, 1st Class, Narsampet passed judgment and the accused had made an application of “Plea Bargaining” and since the victim refused to take the compensation, the Petitioner was ordered to be released on probation of good conduct under section 4 of Probation of Offenders Act, 1958.

c) The case had been disposed of under section 265 E of Code of Criminal Procedure and the Petitioner had supressed the fact of his involvement in the criminal case at the time of submitting the attestation form even though, the petitioner was involved in the criminal case prior to his appointment.

d. The Petitioner being appointed on temporary basis subject to the outcome of his character and antecedents, the petitioner was terminated from services as his continuance in Government Service is unjust and improper, when the involvement of the petitioner in a criminal c