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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
M.Ramakrishna Goud – Appellant
Versus
State of Telangana Rep. by its Principal Secretary, Home Department – Respondent
ORDER :
Pulla Karthik, J.
This Writ Petition is filed seeking the following relief:
“…. to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the action of the 3rd Respondent in issuing the D.O. No. 108/2024, dated 22/23-1-2024 awarding penalty of dismissal from service under the provisions of Article 311 (2) (b) of Constitution of India and Rule 25 (ii) of TS Civil Services (CC&A) Rules, 1991 has been wholly illegal, arbitrary and liable to be set aside and consequently set aside the same; (ii) and with further direction to the Respondents to reinstate the Petitioner into service as Armed Reserve Police Constable, with all consequential benefits and; (iii) pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
2) Heard Mr. Sai Prasen Gundavaram, learned counsel for the petitioner, and learned Government Pleader for Services (Home) appearing for respondent Nos.1 to 3.
3) The case of the petitioner is that he was appointed as Armed Reserved Police Constable on 04.11.2009 and while he was working with the Director of Armed Reserve, Medak District, a criminal
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
Disciplinary action under Article 311(2)(b) must be supported by robust evidence; reliance on mere presumptions about witness intimidation without conducting an inquiry contravenes natural justice pr....
Dismissal from police service upholds under Article 311 without inquiry due to impracticality of witness testimony related to serious sexual misconduct.
The central legal point established in the judgment is that the dismissal from service under Article 311(2)(b) without conducting a regular departmental enquiry and without proper justification viola....
The authority must provide objective justifications for the impracticability of holding an inquiry under Article 311(2)(b) and the dismissal of a regular member of the force is a drastic measure that....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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