The court held that upon the acquittal of an employee in a criminal case that formed the basis for their termination, the employer should consider a fresh representation for reinstatement based on the trial court's order.

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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent herein in rejecting the appeal in C.No.C2/Appeal-06/2023-R.O.O.No.675/2023, dt.5-7-2023 by confirming the orders passed by the 3'rd respondent herein vide proceedings in D.O. No. 1509/2022/PR. No. 18010/2021 dt.25-1-2023 terminating the petitioner from the service soley basing on the presumptions and without conducting proper enquiry is illegal, arbitrary and violative of principals of natural justice and consequently to setaside the orders of the 2nd and 3rd respondents forthwith and to pass such

IA NO: 1 OF 2025

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 may be pleased to direct the 3rd into services by suspending the orders passed by the 2nd respondent herein to reinstate the petitioner and 3rd respondents herein forthwith pending disposal of the above writ petition in the interests of justice.

IA NO: 2 OF 2025

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 may be pleased to grant leave for filing of the Counter Affidavit in W.P.No.9612 of 2025 and pass

The Court made the following ORDER:

1. This writ petition is filed seeking to declare the action of the 2nd respondent in rejecting the appeal dated 05.07.2023, by confirming the orders passed by the 3rd respondent vide proceedings dated 25.01.2023, terminating the petitioner from service without conducting a proper enquiry, which is illegal and arbitrary.

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

3. The petitioner was selected as an Armed Reserve Constable in the unit of the 2nd respondent and discharged his duties without any complaint. He got married in the year 2013, and subsequently, due to certain matrimonial disputes, his wife lodged a complaint against him for offences under Sections 498-A , 494 read with 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act. The said complaint was registered as Crime No. 48/2021. Based on the said complaint, the 3rd respondent directed the 5th respondent to conduct an enquiry, and on the basis of the report submitted by the 5th respondent, the 3rd respondent terminated the services of the petitioner vide orders dated 25.01.2023. Aggrieved by the same, the petitioner preferred an appeal dated 05.07.2023, which was rejected by the 2nd respondent. Hence, the present writ petition.

4. While the writ petition was pending, the Hon’ble Judicial First Class Magistrate, Kurnool, acquitted all the accused, including the petitioner, based on a compromise. Thereafter, the petitioner as well as his wife submitted representations to the 3rd respondent.

5. On perusal of the representation made by the wife of the petitioner and the orders passed by the competent trial court in the above-mentioned case, this Court is of the considered view that, without going into the merits of the case, the writ petition is disposed of with a direction to the petitioner to submit a fresh representation to respondent Nos. 2 and 3 along with all relevant material within a period of two (02) weeks from the date of the receipt of the copy of this order. Upon receipt of such representation, the respondents are directed to consider the same and pass appropriate or