THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.1471 OF 2023

ORDER:

Heard Smt. V.Yashoda, learned counsel representing Sri G.V.L. Murthy, 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 this Court seeking the prayer as under:

“….to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari, calling for the records of the 3^rd Respondent order 14/12/2020, subsequent order in appeal by the 2^nd Respondent dt 26/7/2021 and order in Revision by the 1^st Respondent dt 7/11/2022, dismissing the Petitioner from service without taking into consideration the acquittal order dated 7/8/2019 in CC. No. 806 of 2018 of the learned Principal Junior Civil Judge cum XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District amounts to selective punishment and set aside the same as illegal, arbitrary discriminatory and violation of Article 14, 16, 19 and 21 of the Constitution and against the principles of natural justice and in violation of Telangana CCA Rules 1991 and consequently direct the Respondents to reinstate the Petitioner into service by regulating the period of suspension with all consequential benefits” pending disposal of the above writ petition.”

3. The case of the petitioner, in brief, is that the petitioner was appointed as a Police Constable in 1998. While working at Rajendranagar Police Station, the petitioner was placed under suspension on 10.10.2016 on the allegation of extortion of Rs.29,000/- from one Md. Atheeq Ahmed. A charge memo was issued, and a criminal case i.e., C.C. No. 806 of 2018 was registered against the petitioner, in which the petitioner was acquitted on 17.08.2019. Despite the acquittal, the disciplinary authority imposed the punishment of dismissal from service vide order dated 14.12.2020. The appeals preferred by the petitioner were rejected on the ground that the acquittal was based on benefit of doubt. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the proceedings vide P.R.No.B2/ 09/ Cyb/ 2016-2020 dated 14.12.2020 of the respondent No.3-the Commissioner of Police, Cyberabad issued to the petitioner herein is extracted hereunder:

“Sri.V.Paripurna Chary, PC-920 formerly of Rajendranagar PS now working at PCR, Cyberabad was placed under suspension vide reference 1^st cited for exhibiting gross misconduct in extorting an amount of Rs.29,000/-from the complainant Sri.Md.Atheeq Ahmed S/o Md.Laiq Ah med forcibly and Involved in a criminal case In Cr.No.885/2016 U/S 384 IPC of Rajendranagar PS, Cyberabad. Due to his misconduct the image of police is damaged in the eyes of general public, which is highly objectionable and violated Rule-3 of APCS (Conduct) Rules-1964. Subsequently he was released from suspension vide reference 2nd cited.

2) An Article of Charge was framed vide reference 3rd cited and served to on 30.12.2016.

He submitted explanation vide reference 4^th cited.

3) A Joint Inquiry was ordered by appointing Dy. Commissioner of Police, Balanagar Zone, Cyberabad as Inquiry officer to conduct the Inquiry against the charged officer-I Sri.V.Paripurna Chary, PC 920 & Charged officer-2 Sri. B.Ravinder, PC 493 vide reference 5^th cited.-

4) The Inquiry Officer has submitted the Inquiry report by holding the charge against the charged officer-1 Sri.V.Paripurna Chary, PC 920 as "Proved" vide reference 6^th cited.

5) The Inquiry report was communicated to him vide reference 7^th cited and the same was acknowledged by him on 22.01.2018. He submitted his explanation vide reference 8^th cited.

6) Further it is to submit that a criminal case was registered against the said charged officer vide Cr.No.885/2016 u/s 384 IPC of Rajendranagar PS, Cyberabad. Later charge sheet was filed before the Hon'ble Court. The Inspector of Police, Rajendra