HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.38873 of 2022

ORDER:

Heard Sri M.Rameshwara Rao, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services (Home) appearing on behalf of the respondents.

2. The petitioner approached this Court by filing the present writ petition seeking the prayer as under:

“…..to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3^rd respondent in not disposing of the representation of the petitioner Dt.19- 09-2016, 23-01-2017 and 17-01-2018 in terms of Judgment Dt.08-08-2016 passed Crl.R.C. No.1933/2006 by the Hon’ble High Court and not reinstating the petitioner into service as illegal, arbitrary unjust, unconstitutional and contrary to Article 14 of the constitution of India and consequently direct to suspend the in impugned order Cr.No.5930/2016/CPE/B2, Dt.11/12/2018 by the respondent No.2 in the interest of justice and pass such other order or orders.....”

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

The petitioner was appointed as an Excise Constable on 21.04.1992 and served at various stations in Mahabubnagar District. The petitioner was suspended on 12.06.1996 and again on 31.10.1998 due to a criminal case under Sections 366 and 376 IPC. The petitioner was convicted on 17.12.1999 in S.C. No.241 of 1997 on the file of learned Assistant Sessions Judge, Nagar Kurnool based on the said conviction the respondent NO.3 imposed the major penalty and dismissed the petitioner from service on 31.12.2004. However, the conviction was set aside by this Court in Crl.R.C. No. 1933 of 2006 on 08.08.2016. Despite repeated representations made by the petitioner seeking reinstatement into service, no action was taken by the respondents. In W.P. No. 31696 of 2018, this Court directed the department to consider his representations and the said representations were rejected on 11.12.2018 citing misconduct. A contempt case i.e., C.C. No. 3328 of 2018 was later closed, granting liberty to file a fresh writ petition. Aggrieved by the same, the petitioner filed the present petition.

4. PERUSED THE RECORD:

A) The relevant portion of the proceedings vide Cr. No.5930/ 2016/ CPE/ B2 dated 11.12.2018 of the respondent No.2- the Commissioner of Prohibition and Excise (FAC) issued to the petitioner herein is extracted hereunder:

“In the meanwhile, the individual approached the Hon'ble High Court in W.P.No.31696/2018 seeking re-instatement into service. Then Hon'ble High Court in I.A.No.1/2018 in W.P.No.31696 of 2018, dated.06-09-

2018, issued the following orders:

"Pending disposal of the Writ Petition, the Commissioner, Prohibition and Excise is directed to consider the representations of the petitioner dated. 19-09-2016, 23-01-2017 and 17-01-2016 and pass appropriate orders within a period of six weeks from the date of receipt of this order."

In compliance to the above orders of the Hon'ble High Court, the case of the Petitioner as putforth in his representations dt.19-09-2016, 23-01- 2017 and 17-01-2016 has been carefully examined with reference to material available on records, relevant rules and judicial decisions, the following observations are drawn.

It is not in dispute that the Petitioner was involved in a Criminal offence of grave nature involving kidnapping and rape of a minor girl. He was tried u/s 366, 376 of IPC. The Act of the Petitioner is unbecoming of a Government Servant.

Apart from criminal proceedings, the petitioner was also tried in departmental proceedings for violation of Conduct rules. Charges were framed against him by the Prohibition and Excise Superintendent Mahabubnagar vice Cr.No.A2/2362/96, dt.20-07-1996 and the inquiry conducted by the then Sub Divisional Prohibition and Excise Officer, Nagarkurnool.

The purpose of imposing punishments are twofold. Firstly, it is intended to make th