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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK
Padala Venkata Sadananda Bhavani Sen – Appellant
Versus
State of Telangana, Repd., by its Principal Secretary, Home Department, Secretariat, Hyderabad & (3) – Respondent
ORDER :
Pulla Karthik, J.
Aggrieved by the action of respondent No.2 in passing the impugned proceedings No.604/T4/2024, dated 16.11.2024, confirming the order of dismissal of petitioner from service passed by respondent Nos.3 and 4 vide orders dated 19.06.2024 and 20.06.2024, the present Writ Petition is filed.
2) Heard Sri A.Ravinder Reddy, learned senior counsel, representing Mr. Veera Savan Chakravarthy Dara, learned counsel for the petitioner, and learned Government Pleader for Services (Home) for respondents.
3) Learned counsel for the petitioner has submitted that while the petitioner was working as Sub-Inspector of Police at PS Kaleshwaram, respondent No.3 has dismissed the petitioner from service vide proceedings dated 19.06.2024 and on the very next day i.e. on 20.06.2024, respondent No.4 has passed the consequential order dismissing the petitioner from service on the allegation that a case in crime No.42/2024 dated 19.06.2024 is registered against him for the offence punishable under Sections 449 , 376 (2), 324 and 506 of Indian Penal Code at P.S. Kaleswaram, Jayashankar Bhupalpally District. Learned senior counsel has contended that the said crime is registered based on the
Dismissal from police service upholds under Article 311 without inquiry due to impracticality of witness testimony related to serious sexual misconduct.
Dismissal without a proper inquiry under Article 311 (2) (b) deemed arbitrary and illegal, requiring substantial justification beyond mere allegations.
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....
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 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....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
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