Removal from service based solely on involvement in a criminal case is illegal and unsustainable when the employee is acquitted by a competent court and no separate departmental proceedings were initiated.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more in the nature of Writ of Mandamus declaring the proceedings D.O.No.763/2017, C.No.318/H1/2016, dated 25.05.2017 on the file of the 4th respondent wherein removed the petitioner from service as home guard on the sole ground of involvement in criminal case registered in SC No.38 of 2015 and proceedings vide Rc.No.134/GHs-Esst/2018-4 Dated.04.03.2020 on the file of the 2nd respondent where in rejected the appeal of the petitioner as illegal, arbitrary, discriminatory, against the principles of natural justice and also against Law laid down by the Hon'ble High court in WP.No.14907 of 2014 dated. 14.06.2014 and accordingly set aside the same and consequently direct the respondents to reinstate the petitioner into service forth with as Home Guard and to pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the proceedings D D.O.No.763/2017, C.No.318/H1/2016, dated 25.05.2017 and Rc.No.134/GHs-Esst/2018-4 Dated.04.03.2020 by directing the respondents to reinstate the petitioner forth with into service as Home Guard and to pass

Counsel for the Petitioner:

1.HARINATH REDDY SOMAGUTTA

Counsel for the Respondent(S):

1.GP FOR SERVICES I

The Court made the following:

ORDER:

1. The present Writ Petition is filed questioning the proceedings dated 25.05.2017 issued by the 4th respondent wherein the services of the petitioner as Home Guard were removed on the sole ground of involvement in a criminal case in S.C.No.38 of 2015 on the file of Special Judge for Trial of Cases under SC/ST Act-cum-Additional Sessions Judge, Ananthapuram and proceedings dated 04.03.2020 issued by the 2nd respondent rejecting the appeal of the petitioner as illegal and arbitrary.

2. The case of the petitioner is that he was appointed as Home Guard in the year 2011 in Ananthapuram District. While the petitioner was working as Home Guard in Ananthapuram District, he was involved in a Crime No.535 of 2014 arraying as A.3 for the offences punishable under Sections 302, 201 IPC and Section 3(2)(v) of SCs & STs (PoA) Act, 1989 by the Station House Officer, Ananthapur. It is further stated that after elaborate trial, the petitioner was acquitted vide judgment dated 17.10.2017, passed in S.C.No.38 of 2015. While the things stood thus, surprisingly, the respondents even before conclusion of the said criminal case have issued proceedings straightaway terminating the services of the petitioner vide the impugned proceedings dated 25.05.2017 on the sole ground of involvement of the petitioner in Crime No.535 of 2014. Admittedly, in the instant case no departmental proceedings were initiated against the petitioner and no enquiry has also been conducted by the respondents. Only ground taken by the respondents was that the petitioner involved in the above said crime, his services were terminated, which is contrary to the observations made by the Hon’ble Apex Court in catena of judgments and the same was followed by the Division Bench of this Court vide judgment dated 03.06.2014 in W.P.No.14907 of 2014 .

3. Learned counsel for the petitioner has placed reliance on the above said judgment wherein the Division Bench of this Court has considered the identical facts of the case and held that when the a