Administrative authorities have the power to enhance penalties following due process, and procedural fairness was upheld in disciplinary actions regarding employment leave and absence during service.

ORDER :

T. Madhavi Devi, J.

This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus declaring the proceedings of the 3^rd respondent in C.No.738/A4/2011-13 dt. 28.08.2013 imposing a punishment of censure and treating the period from 11.03.2011 to 30.11.2012 as ‘not on duty’ and the proceedings of the 2^nd respondent in Rc.No.822/T3/2015 dt. 22.04.2016 in enhancing the punishment to that of PPI (postponement of increment) for 2 years without affect on future increments and pension and treating the period from 11.03.2011 to 29.11.2012 as ‘not on duty’ as illegal, arbitrary and violative of principles of natural justice and consequently to set aside the proceedings dt. 28.08.2013 and also dt. 22.04.2016 and to direct the respondents to regularize the period from 11.03.2011 to 30.11.2012 as EOL (extraordinary leave) with all consequential benefits like seniority and pay and to pass such other order or orders.

2. The petitioner has filed I.A.No.1 of 2024 stating that he had filed a revision before the 1^st respondent and the same was rejected vide Memo No.1110/Ser-II/A2/2017 dt. 13.04.2017 and inadvertently, the same was also not challenged in this Writ Petition and therefore, the petitioner sought to amend the prayer challenging the proceedings of the 1^st respondent in Memo No.1110/Ser-II/A2/2017 dt. 13.04.2017 as well. Vide orders dt. 10.07.2024, this Court has allowed the amendment of the prayer and accordingly, there is challenge to the revision order dt. 13.04.2017 as well.

3. Brief facts leading to the filing of the present Writ Petition are that the petitioner was initially appointed as a direct recruit to the post of Assistant Sub-Inspector (Communications) in the Police Radio Organization in the erstwhile Andhra Pradesh on 17.01.1991 through the selection conducted by the State Level Recruitment Board and after completing 9 (nine) months induction training at the Police Training College at Amberpet, Hyderabad, he was posted to the office of the Inspector (Communications), Karimnagar and worked there upto December, 1992 and thereafter, at Kurnool upto 1995 and on deputation in Police Training College, Amberpet, Hyderabad upto December, 1997 and subsequently he was repatriated to his parent Unit in December, 1997 and worked upto July, 2004 and was again deputed to work in Intelligence Department, Hyderabad from July, 2002 to January, 2006 and subsequently was transferred to his parent Unit and worked in MMC Section from 01.02.2006 to 21.02.2012 and Training Section from 24.12.2012 to 30.04.2017 and at the time of filing the Writ Petition, the petitioner was working at Grey Hounds, Telangana, Hyderabad on deputation in the rank of Inspector (Communications) from 01.05.2017. It is submitted that when the petitioner was working as Sub-Inspector of Police (Communications), he had made a representation to permit him to take up employment abroad for a period of 4 years and 11 months in terms of G.O.Ms.No.214, Finance and Planning (FW.FR.I) Department, dt. 03.09.1996, and the Director General of Police, vide Lr.Rc.No.1179/E2/2001 dt. 22.03.2002, has recommended for sanction of leave for a period of 4 years and 11 months. As he was fully eligible to take up appointment abroad, the petitioner was sanctioned EOL for a period of 4 years and 11 months by the 1^st respondent vide G.O.Rt.No.933, Home (Police-Budget) Department, dt. 29.07.2002 subject to production of appointment letter securing employment abroad in terms of G.O.Ms.No.214, Finan