THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

W.P. No. 15537 of 2023

ORDER:

Heard Sri G. Raman Goud, learned counsel appearing

on behalf of the petitioner, learned Government Pleader for Services-I appearing on behalf of Respondent Nos.1 to 4 and learned Special Government Pleader for Home

appearing on behalf of Respondent No.5.

2. The petitioner approached this Court seeking the

prayer as under:

“To issue a Writ, order or direction, more

particularly one in the nature of Writ of Mandamus declaring the action of the 5^th Respondent in issuing impugned order of removal of petitioner from service vide proceedings in C.No.08/OE/PR/2014/D.O.No.1123/ 2014 dated 03.12.2014 in terms of G.O.Ms.No.260, General Administration (Ser.C) Department, dated 04.09.2003) and action of respondents 1 to 4 in not consideration Appeal Petition, Revision and Review Petition of petitioner as arbitrary, illegal and against the principles of natural justice as the petitioner has submitted leave application on medical grounds through registered post to the respondents and the petitioner’s action is not wilful and it does not come under misconduct as per Telangana State CCS

(Conduct) Rules, 1964 and set aside the same and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits to which he is eligible and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition, is as follows:

(i) The petitioner is a physically handicapped person with 81% of orthopedic disability. The petitioner was selected and appointed as Junior Assistant vide proceedings of the District Collector and Nodal Authority, Adilabad vide Proc.No. A4/486/2007-15, dated 21.05.2008 under compassionate grounds due to death of petitioner’s father late Sri J.Bhomaiah, while working as Superintendent in Forest Department. Thereafter, the petitioner joined into service as Junior Assistant on 21.06.2008 in the office of the fifth respondent and the petitioner’s probation was declared on 07.06.2011 AN vide procs.No.1433/A3/Estt/2008-11 dated 08.06.2011 under Rule 18 (a) of AP State and Subordinate Service Rules, 1996.

(ii) The petitioner had sent an application dated

15.02.2013 through registered post for sanction of sick leave with effect from 05.02.2013 to 22.02.2013 on the ground of severe low back pain, kyposcolisis with an intention to submit the Medical Certificate at the time of reporting for duty. Meanwhile, the 5^th respondent issued an Article of Charges vide Ref.No.08/OE/PR/ 2014 dated 06.05.2014 under Rule 20 of Telangana State CCA Rules, 1991. The same is extracted hereunder:

“…the said Sri Jannarapu Praveen Kumar, Junior Assistant of 13^th Bn APSP (IR), Gudipet, Adilabad District has exhibited gross neglect of duty, indiscipline and irresponsible behavior in absenting from duty with effect from 23.02.2013 without any leave or prior permission from his superiors and not turned up for duty till date.

Basis of Charge:-

Sri Jannarapu Praveen Kumar, Junior Assistant of

13^th Bn APSP (IR), Gudipet, Adilabad District has sent an application dated 15.02.2013 through registered post for sanction of sick leave with effect from 05.02.2013 to 22.02.2013 due to severe low back pain kyposcolisis. He has not enclosed any medical certificate along with his application. However, he was due to back to report with medical fitness certificate for duty on 23.03.2013, but he did not turn up for duty, not informed his whereabouts to the office and became absent at his own accord. Absenting from duty for more than year at his own accord cannot be tolerated in disciplined force. It clearly shows his gross dereliction towards his legitimate duties. Thus, he violated Rule 3 of AP Civil Services Conduct Rules, 1964".

(iii) It is further the case of the petitioner that