THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.28190 OF 2021

ORDER:

Heard Sri Dinesh Reddy, learned counsel

representing Sri Rapolu Bhaskar, learned counsel appearing on behalf of the petitioner on record and the 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 an appropriate writ, order or direction

more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 in issuing the impugned order through vide C.No.88/A4/OSL/2014, dated 20.3.2014 and removed from service of the petitioner i.e., the Post of Police Constable in IV BN APSP, Mamnoor Lines of Amberpet Unit, without considering the explanation of the petitioner and non-initiating to consider the representation of the petitioner and reinstate into the petitioner service, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice violation of Articles 14, 15 and 21 of the Constitution of India and set aside the Impugned Desertion Order through vide C.No.88/A4/0SL/2014, dated

20.3.2014 issued by the 3^rd respondent and pass…”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in

support of the present Writ Petition is as under:

i) The petitioner was appointed as Police Constable in IV Battalion, APSP, Amberpet Unit, Hyderabad in 2012 and discharged his duties without any adverse remarks.

ii) In 2014, due to death of the petitioner’s father, the petitioner stayed with his family and could not attend duties. The petitioner had applied for leave and informed the authorities.

iii) However, without issuing any notice or affording an opportunity of explanation, respondent No.4 passed a Desertion Order vide C.No.88/A4/OSL/2014 dated 20.03.2014, removing the petitioner from service. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the impugned order vide C.No.88/ A4/ OSL/ 2014 D.O.No.299/ 2014 dated 20.03.2014 issued by the respondent No.4 to the petitioner herein is extracted hereunder:

“Sri Ch.Shiva Raju PC 142 of 'H' Coy was sanctioned (03) days CL wef 19-02-2014 AN to 22-02- 2014 AN by OC 'H' Cay. But he has not reported for duty and became OSL w.e.f 22-02-2014 AN. He has completed (21) days desertion period by 15-03-2014 AN. As such the OC "H' Coy, vide reference 2^nd cited has requested to declare the PC as deserter w.e.f 22-

02-2014 AN as per the Order 184 of APPM.

Hence, Sri Ch.Shiva Raju, PC 142 of 'H' Coy is declared as a deserter w.e.f. 22-02-2014 AN i.e., from the date of OSL, as per Order No 184 of Andhra Pradesh Police Mannual.

If he has any intention of joining duty, he should report before the Commandant, IV B APSP, mamnoor Lines, Warangal within two months from the date of desertion or one month from the date of issue of this Order whichever is later.

This Order sent in duplicate to acknowledge its receipt on the duplicate copy and submit the same to this office for taking further action in this matter.”

DI SCUSSI ON AND CONCLUSI ON:

5. Learned counsel appearing on behalf of the petitioner submits that, without considering the petitioner’s explanation, the petitioner was removed from service unilaterally by respondent No.3 without conducting any enquiry. It is contended that the petitioner ought to have been given an opportunity to explain the reasons for not attending duty during the period mentioned in the desertion order dated 20.03.2015. It is further submitted that the alleged absence was neither deliberate nor willful but was on account of the death of the petitioner’s father, which left the petitioner unable to provide food and shelter for his children.

6. Learned counsel appearing on behalf of the petitioner further submits that, despite the petitioner having submitted detailed representations dated 10.06.2020 and 05.05.2021, requesting the responden