HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.43150 OF 2022

ORDER:

Heard Sri Bokara Sapna Reddy, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Home, appearing on behalf of respondents.

2. The petitioner filed the writ petition seeking the following relief “… to issue a Writ, order or direction, more particularly a Writ of Mandamus, declaring the action of the 4th respondent in passing the impugned orders in D.O.No.168/2008, dated 24/07/2008, wherein removed the petitioner from the rolls of Home Guards Organization without following due procedure contemplated under law as illegal, improper, unjust, arbitrary, contrary to law and also violation of principles of natural justice and set aside the same by further directing the respondents to reinstate the petitioner in to service as Home Guard and pass...”.

3. The case of the petitioner in brief, is that the petitioner was enrolled as Home Guard vide D.O.No.64/06, dated 30.12.2006 and while discharging his duties the petitioner was absent for a period of three months due to his health condition.

However, the respondent No.4 removed the petitioner from the rolls of Home Guards Organization without following due procedure as contemplated under law vide proceedings D.O.No.168/08, dated 24.07.2008. The petitioner approached the A.P. Administrative Tribunal and the APAT set aside the removal/termination orders and directed the respondents to reinstate the petitioner into service. Thereafter the Division Bench of this Court vide its judgment dated 07.09.2011 in W.P. No. 28875 of 2010 upheld the orders of APAT. However, the petitioner is not reinstated into service. Aggrieved by the action of the 4^th respondent in passing the impugned orders in D.O. No.168/2008, dated 24.07.2008, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD (A) The enrollment order of the petitioner issued by the 4^th respondent vide No. 446/ A2/ HGs.Hyd/ 2006, dated

03.01.2007 is extracted hereunder Government of Telangana (Police Department)

Office of the Commandant Home Guards, Hyderabad City, Date : 03.01.2007 No.446/A2/HGs. Hyd/2006.

MEMORANDUM Sub: Home Guards Organization Hyderabad City – Enrollment as Home Guard – Orders issued – Reg.

You have been selected for the enrolment as Home Guard in the Hyderabad City, vide DO No:64/06, dated: 30-12-2006 and you will be allotted with Home Guards General No:HG7101 You are hereby directed to report to this office on 17-01-2007 F/N at Old Commissioner of Police Office Purani Haveli, Hyderabad along with your original certificates etc., without fail to undergo basic training course commencing from 24-01-2007 at SAR CPL Parade Grounds, Amberpet Hyderabad. Your enrolment is provisional subject to the verification of your antecedents & outcome of medical fitness examination, failing which your enrolment orders will be cancelled.

TA & DA will not be paid. You should make your own arrangements Sd/-

Commandant Home guards, (PIO), HGO, Hyd., City.

To, Sri. H.T.No.22675 Sri B. Saidulu, S/o Mallaiah, H.No.6-46, Noothankal, Nalgonda.

(B) The impunged order vide D.O.No.168/ 2008, No.

495/ A2/ HGs.Hyd/ 2008, dated 24.07.2008 issued by the

4^th respondent is extracted hereunder GOVERNMENT OF ANDHRA PRADESH (POLICE DEPARTMENT)

D.O. No.168/2008 No.495/A2/HGs.Hyd/2008, Office of the Commandant Home Guards, Hyderabad City, Date : 24.07.2008

ORDER

Sub:” Home Guards Organization, Hyderabad City removal of Home Guards from the rolls of Home Guards Orgn., Hyd – City for their long absentee without any permission/Information – Orders – issued – Reg.

Ref: Order passed by the C.P., Hyd-city dated 19.07.2008.

Vide reference cited, the following home Guards of Home Guard Organization, Hyd. City are removed who are unauthorizedly absent without any permission/intimation and they have completed more than three months i.e. (90) days of their absent period from the dates mentioned against each, not attend the pa