APHC010290112023 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 14866/2023 Between:

1. G GIDDAIAH, SON OF G.CHINNA RAMALINGAM, AGED ABOUT 48 YEARS, OCC. HEAD CONSTABLE (REMOVED), OFFICE OF II BATTALION, APSP.

KURNOOL.

...PETITIONER AND

1. T HE SLATE OF ANDHRA PRADESH, REPRESENTED BY ITS CHIEF SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE DIRECTOR GENERAL VIG AND ENFT, ADDITIONAL DIRECTOR GENERAL OF POLICE, APSP BATTALIONS, MANGALAGIRI, GUNTUR DISTRICT.

3. T HE DEPUTY INSPECTOR GENERAL OF POLICE, III APSP II BATTALION, KURNOOL, KURNOOL DISTRICT.

4. T HE COMMANDANT, II BATTALION, APSP, KURNOOL, KURNOOL DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. K RAJYA LAKSHMI Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.14866 of 2023

ORDER:

The present writ petition is filed aggrieved by the action of the respondents in removing the petitioner from service vide proceedings dated 30.09.2021 and dismissing the appeal vide proceedings dated 19.07.2022 and also rejecting the revision petition vide proceedings dated 01.12.2022.

2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

3. Without going into the merits of the case, as contended by learned counsel for the petitioner, the grounds raised in appeal petition read as follows:

“But, alas shockingly the disciplinary authority without considering the facts and circumstances of my case as I was suffering from mental disorder and ruthlessly and unceremoniously Imposed the disproportionate punishment of removal from service thereby taken away my entire past service of about 25 years, just by a stroke of pen in the reference cited which is perverse thereby thrown the entire family on the roads.

Aggrieved thereby I am knocking the doors of your kind honor through appeal petition with folded hands requesting that I could not prefer appeal within the time, due to the fact that I was in depression and mental disorder and therefore implore your honor that the delay caused in preferring the appeal within the time may kindly be condoned on humanitarian grounds and do justice by reducing the punishment keeping in view of my family and children.

At the outset I humbly submit that everybody in the Bns knows the fact that I am suffering from mental disorder and thereby getting treatment regularly. As a consequence, since my health was hazard due to mental disorder Initially I reported sick, thereby obtained M L passport for 30 days from 21.03.2020 AN to 20.04.2020 ΑΝ. As I could not recoup my health I was forced to extend medical leave in piecemeal manner from 20.04.2020 AN to 01.06.2020 AN. Thereafter also my health was not recouped and health condition became worst due to mental disorders and in a baffle mind under compelling circumstances beyond control I was forced to overstayed medical leave in view of my health condition and could not Intimate to my superiors as I was totally in depression and baffle mind which happened unwittingly.

While this was so, to my misfortune I was declared as a deserter despite the fact that I was on medical leave and getting treatment for mental disorder. I humbly submit that I did not absent for duties neither abruptly nor unauthorizedly but the fact remains that I was overstayed from medical leave. Thus the imputations of misconduct does not comport with the facts.”

4. On perusal of the orders of the revisional authority dated 01.12.2022, there is no finding with regard to the medical condition of the petitioner.

5. Learned counsel for the petitioner pleaded that considering the medical condition of the petitioner, if the punishment is converted from removal to compulsory retirement, at least the petitioner would receive some bene