HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.9066 OF 2021

ORDER:

Heard Sri R.Rajashekhar Rao, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Home appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a writ more in the nature of Writ of Mandamus or any other writ order or direction, to declare the action of the Respondents in not reinstating the petitioner as Home Guard, though he passed all the events conducted by the respondents pursuant to the directions of the Honble Court in WP.No.5981/2014, dated 04/09/2018 as illegal, arbitrary, unconstitutonal and void being violative of Arts.14 and 16 of the Constitution of India and consequently direct the Respondents to reinstate the Petitioner into service as Home Guard with all consequential benefits and to pass…”

3. It is specific case of the petitioner that the Respondents are not reinstating the petitioner as Home Guard, though the petitioner passed all the events conducted by the respondents pursuant to the directions of the Honble Court in WP.No.5981/2014, dated 04.09.2018 as illegal, arbitrary, unconstitutional. Aggrieved by the said action of the respondents, the petitioners preferred the present writ petition.

PERUSED THE RECORD:

4. The counter affidavit has been filed on behalf of the respondent No.1 and in particular para Nos. 6 to 9 are extracted hereunder:-

6. It is submitted that aggrieved by the above order of removal, the petitioner herein approached the High Court and filed W.P.No 24527/2012 questioning the action of respondents in not reinstating him as Home Guard in spite of acquittal in criminal case vide CC.No. 124/2011 on the file of IV Addl. Judl. First Class Magistrate Warangal, dated 8-9-2011 as arbitrary and illegal. Later, it was withdrawn for challenging the same before the Administrative Tribunal. The petitioner herein had approached the then Andhra Pradesh Administrative Tribunal at Hyderabad and filed Ο.Α No 9552/2012. The Tribunal has issued order dated 13-12-2012 and directed the respondents to continue the applicant as Home Guard by issuing necessary orders in this regard. Aggrieved by the above order of Hon'ble AP Administrative Tribunal dated 13-12- 2012, the Government filed Writ Petition No 5981/2014 before the Hon'ble High Court.

7. It is submitted that the Hon'ble High Court was pleased to dismiss the Writ Petition No 5981/2014 on 4-09-2018 subject to following conditions:

That the first respondent i.e., the petitioner herein shall be subjected to a physical test to ascertain his fitness before being re-inducted in service as a Home Guard. An objective and transparent procedure shall be adopted by the State and its officials in this regard and if the petitioner deserves, he shall again be enrolled on the rolls of the Home Guards Organization. Enrolment of the petitioner shall, however. not have the effect of conferring upon him the benefit of the continuity of service. seniority, arrears of pay etc., for all purposes. His enrolment would be on par with fresh appointments.

8. It is submitted that as per the directions of Hon'ble High court, the physical efficiency test was conducted and the petitioner qualified in it. Since petitioner's enrollment would be on par with fresh appointments, antecedents verification was called for by the Commissioner of Police, Warangal and the petitioner was directed to submit the Attestation Form. The petitioner submitted Attestation Form dated 23-07-2019 and at Col. NO. 11 of the Attestation Form which read "whether you were involved in any criminal case?", he ticked 'No'. On verification, it was found that petitioner had furnished false information by suppressing his involvement in criminal case in Cr. no. 49 of 2011 under Sec. 419 R/w 34 of IPC was registered against him at Wardhannapet PS. Though he was acquitted in criminal case vide CC. No 124/2011 on the file of IV Addl. Judi, First Class