ORDER :

Surepalli Nanda, J.

Heard Sri Ch.Jagannatha Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services (Home) appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ, Order or Orders more particularly one in the nature Writ of Mandamus declaring the impugned memorandam in RC.No.27/Rectt/Admin.4/2020, dated 6/10/2020 issued by the 1^st respondent in rejecting the claim of the petitioner for appointment as SCT(PC)(Driver) in Police Transport Organisation by cancelling the petitioner’s provisional selection as illegal, null and void and unconstitutional and consequently direct the respondents to issue necessary appointment orders to the petitioner as SCT(PC) (Driver) with all consequential benefits such as seniority arrears of pay etc by holding the action of respondents canceling the petitioners provisional selection as SCT(PC) (Driver) on the sole ground that his involvement in a criminal case amounts to moral turpitude, though the petitioner was acquitted from the criminal case vide judgment dated 27/9/2017 in SC. No. 841/2016 on file of the 3^rd Additional Metropolitan Session Judge Ranga Reddy Dist., is as illegal, arbitary ,discriminatory and subversive of Article 14& 16 Constitution of India and pass…”

3. The case of the petitioner in brief is that the petitioner applied for the post of Stipendiary Cadet Trainee (Police Constable) [Driver] (Men) in the Police Transport Organization pursuant to Notification dated 31.05.2018 issued by the 1^st respondent and was provisionally selected vide Serial No. 67 under the BC (A) category. During the filing of the attestation form, the petitioner disclosed his prior involvement in a criminal case, in which the petitioner was acquitted vide judgment dated 27.09.2017 in S.C. No. 841/2016 by the III Additional Metropolitan Sessions Judge, Ranga Reddy District. Despite the disclosure and submission of the acquittal judgment, the petitioner did not receive any appointment order. Aggrieved by the same, the petitioner filed W.P. No. 2410/2020 and the same was disposed of vide order dated 18.02.2020 directing the respondents to take a decision regarding the petitioner’s eligibility.

Pursuant thereto, the 1st respondent issued a show-cause notice dated 24.02.2020 alleging that the petitioner was involved in a serious case of moral turpitude and sought an explanation as to why the petitioner’s provisional selection should not be cancelled. The petitioner submitted a detailed reply on 17.03.2020, reiterating that he had disclosed the case which was acquitted after a full trial, and there were no pending criminal cases against him. However, the 1^st respondent proceeded to issue the impugned memorandum dated 06.10.2020 in Rc.No.27/Rectt/Admin.4/2020 canceling the petitioner’s provisional selection. Aggrieved by the impugned notice, the present Writ Petition is filed.

4. PERUSED THE RECORD:-

A. The impugned proceedings, Rc.No.27/ Rectt/ Admn.4/2020, dated 06.10.2020 of the 1^st respondent is extracted hereunder:-

“Pursuant to the directions of the Hon'ble High Court, the case of Sri Nagaraju Podila has been examined. The details are as follows:

2. Pursuant to the Notification in Rc.No.90/Rect./Admn.1/2018, dated 31.05.2018. issued by Chairman, TSLPRB. Sri Nagaraju Podila, S/o Ramulu had applied for the post of SCT PC Driver and participated in recruitment process vide Registration Number 1490146. He was provisionally selected to the post of SCT PC (Driver) in Police Transport Organisation, subject to Verification of Antecedents, Original Certificates and Medical Fitness. During Antecedent Verification it came to light that he was involved in criminal case vide Cr.No.105/2016. 304 (B) r/w 34 IPC of Meerpet PS as A-1. The details of Criminal case was furnished by him in the Attestation Form.

3. While the matter stood thus, the Petitioner Sri. Nagaraju Podila filed WP No.2410 of 2020 in the