ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “To declare the action of the Respondents herein particularly Respondent No 2 in not allowing the petitioners to discharge their duties as Salesman at Nidamarru Wine Shop on the ground that Crime No.158 of 2020 was registered against the petitioners herein without causing any enquiry with the supervisor of the wine shop about the presence of the petitioners on the even date and time basing on the mediators report prepared by the Station House Officer Nidamarru Police Station West Godavari District and without terminating and without issuing any notice to the petitioners about the termination orders as nothing but illegal arbitrary erroneous high handed and violative of principles of natural justice apart from violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 to allow the petitioners to discharge their duties as salesman at Nidamarru Wine Shop without adhering the Crime No 158 of 2020 registered by the Station House Officer Nidammaru Police Station for the offence under Section 34-A APEA Amendment 2020”

The brief facts of the case are that, the petitioners were initially taken on Nominal Muster Rolls (hereinafter ‘NMR’) in month of October, 2019 to work in a wine shop at Nidamarru village and Mandal, West Gdoavari District, which is under the c</b>o</b></b></b>n</b></b>tr</b></b>o</b></b></b>l</b> </b></b>o</b></b></b>f </b></b>th</b>e</b> </b></b>s</b>e</b>c</b>o</b></b></b>n</b></b>d</b></b> </b></b>r</b></b>e</b>s</b>po</b></b></b>n</b></b>d</b></b>e</b>n</b></b>t/An</b></b>d</b></b>h</b>r</b></b>a </b></b>Pr</b></b>ad</b></b>e</b>s</b>h</b> </b></b>State</b> </b></b>Be</b>ve</b>r</b></b>age</b>s</b> Corporation Limited. Thereafter, they were directed to work as salesman on regular basis, but not issued any appointment orders, as their selection is not done through notification.

While the matter stood thus, on 29.07.2020, on receiving credible information about sale of liquor without having license, the Sub-Inspector of Police, Nidamarru Police Station apprehended one Konakalla Venkateswara Rao, for selling liquor bottles illegally at higher price for their illegal gains. The police seized 52 bottles of ‘</b>Pr</b></b>e</b></b>s</b>i</b></b>d</b>e</b></b>n</b>t</b></b> </b></b></b></b>me</b></b>d</b>a</b>l</b></b> </b></b></b></b>fi</b></b>n</b>e</b></b> </b></b></b></b>w</b></b>h</b>i</b></b>s</b>k</b>y </b></b></b></b>18</b>0 </b></b></b></b>ml</b></b>’,</b></b> </b></b></b></b>t</b></b>ot</b></b>a</b>l</b></b> </b></b></b></b>w</b></b>or</b></b>t</b></b>h</b> </b></b></b></b>R</b>s</b>.</b>9,</b></b>36</b>0/-.</b> During interrogation, Konakalla Venkateswara Rao (A-1) stated that he purchased the liquor bottles from the shop where the petitioners are working as salesman. Thereupon, the Sub-Inspector of Police summoned the petitioners and the supervisor of the wine shop. The petitioners stated that, as part of their duty, they have sold the liquor from 6 a.m to 11 a.m amid COVID-19 by following the directives issued by the State Government.

However, the Mediator’s Report disclosed that, Konakala Venkateswara Rao (A-1) and the petitioners herein/(A-2 & A-3) are selling the liquor bottles at Rs.20/- more than the rate of M.R.P, without taking permission from the Excise Department. A case in Crime No.158 of 2020 was registered on the file of Nidamarru Police Station, West Godavari, against the petitioners h</b>er</b>ei</b>n/Accused Nos.2 and 3 for</b> th</b>e offence puni</b>sh</b>able under</b>

Section 34(A) of the Andhra Pradesh Excise (Amendment) 2020.

Based on registration of crime, the petitioners were remanded to judicial custody and thereafter, removed from the employment as salesman at the instance of local M.L.A, who is intending to engage his own followers in the wine shop, as he had promised to provide employment to some of his followers. Therefore, it is