Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.

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 case was registered against the petitioner and another vide FIR No.254/2021 dated 14.03.2021 for the offence punishable under Section 21 read with Sections 28 and 29 and Section 8 (c) of Narcotic Drug and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), he was arrested and remanded to judicial custody on 15.03.2021, due to which, he was placed under suspension by respondent No.3 vide proceedings dated 19.03.2021 and his suspension was revoked on 06.01.2022. Further, an Article of Charge dated 05.05.2022 was issued against the petitioner under Rule 20 of TS Civil Services (CCA) Rules, 1991, on the same set of facts i.e. he was involved in crime No.254/2021. Challenging the issuance of Article of Charge, dated 05.05.2022, the petitioner has filed W.P. No.29456 of 2022 wherein this Court passed an interim order on 18.07.2022 granting stay of disciplinary proceedings. Thereafter, another criminal case is registered against the petitioner vide FIR No.364/2023 dated 25.12.2023 of Medak Town PS for the offence punishable under Sections 8 (c), 22 (c) and 29 of NDPS Act, 1985, he was arrested on 28.12.2023 and remanded to judicial custody, due to which, again the petitioner was placed under suspension and respondent No.3 has also issued the impugned proceedings vide D.O.No.108/2024, dated 22/23-01- 2024 by invoking Article 311 (2) (b) of Constitution of India and Rule 25 (ii) of TS Civil Services (CC&A) Rules, 1991, and awarded the punishment of dismissal from service. Challenging the same, the petitioner is before this Court.

4) Learned counsel for the petitioner has contended that the impugned order passed by respondent No.3 is beyond the provisions and is issued in gross and colourable exercise of administrative powers. Further, the contention of the respondents that it is not reasonably practicable to hold the disciplinary proceedings is ex facie illegal, arbitrary and no reasoning has been given as to why the departmental enquiry could not be undertaken by respondent No.3. Mere allegation in FIR without there being any corroborative evidence cannot permit respondent No.3 for invoking the extraordinary power under Article 311 (2) (b) of Constitution of India. As such, the order of the Disciplinary Authority in dismis