THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.35729 of 2016

ORDER:

The sum and substance of the case of the petitioner, as per the writ affidavit, is that he was selected for appointment as Police Constable (civil) and joined the service on 14.11.1989 in Nalgonda District, and his services were also regularized. While working in Chilukuru Police Station, he applied for leave from 14.07.2003 to 11.10.2003 for 90 days and the leave was sanctioned; however, he had to extend his leave due to ill health and reported for duty on 20.07.2004 and also produced a medical certificate. Thereafter, he was asked to report at CCS, Nalgonda, but was returned to respondent No.5 without admitting into duties, and respondent No.5 posted him to Chandampet P.S, but there was no transfer order, and he had reported back to respondent No.5. On the ground of unauthorized absence from 14.07.2003 to 20.07.2004, an enquiry was conducted and by Order dated 27.01.2006 under Rule 22 of the APCS (CCA) Rules, the punishment of postponement of increment for three years, without cumulative effect, was imposed. He was given posting orders at Armed Reserve and he assumed charge on 26.08.2011, pending disciplinary proceedings. Subsequently a charge memo dated 17.10.2011 was issued, alleging absence from duty w.e.f. 12.10.2003, and an Enquiry Officer was appointed. It is the grievance of the petitioner that the enquiry officer erroneously included the previous punishment period also in the present enquiry; thereby the punishment of removal from servicewason 16.12.2013 came to be imposed. There is no fault on the part of the petitioner for not joining duties as he was not admitted into duties, and the enquiry officer accepted the desertion orders passed by the 5^th respondent and held that the charges against the petitioner are proved. The petitioner preferred an Appeal before the 4^th respondent and the same was rejected on 26.03.2013; and the petitioner preferred a revision petition against the appeal, and the same ended in rejection on 18.10.2014 (communicated to the petitioner on 31.10.2014). Aggrieved by his removal from service, the petitioner filed this writ petition.

2. Heard Mr. P. Srinivas Rao, learned counsel for the petitioner; and learned Government Pleader for Services. Perused the record.

3. Learned counsel for the petitioner made submissions on the lines of writ affidavit, and mainly contends that the petitioner had taken the leave initially from 14.07.2003 to 11.10.2003 for 90 days and the leave was sanctioned; however, the petitioner extended his leave due to ill health, and after becoming fit, he reported for duties, but he was not admitted into duties and there was no posting orders and therefore there is no fault of the petitioner. Further, the petitioner had already been imposed with a punishment of postponement of increments, on the ground of unauthorized absence from 14.07.2003 to 20.07.2004, by Order dated 27.01.2006 under Rule 22 of the APCS (CCA) Rules. Thereafter, the petitioner was no admitted to duty after issuing the orders to admit to join at Chandampet P.S. but the 5^th respondent issued Desertion Order dated 26.07.2011, and the petitioner made a representation to take him into duty from the desertion on 22.08.2011, and the petitioner was taken on duty with immediate effect, pending disciplinary proceedings. Thereafter, the 5^th respondent issued a Charge Memo dated 17.10.2011 for absence from duty from 12.10.2003 onwards; and the Enquiry Officer had erroneously included the previous period also (the period for the petitioner already suffered punishment), and imposed the punishment of removal from service vide Proceedings dated 16.12.2013, and the appeal and revision petitions also came to be dismissed.

4. Learned Government Pleader, based on the counter affidavit filed by respondent Nos.1 to 5, would contend that the petitioner initially applied for long leave of 90 days due to his mother’s ill health and his leave was sancti