HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34547 OF 2022

ORDER:

Heard Sri J.Sudheer, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services (Home) appearing on behalf of the respondents.

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

“…to call for the records pertaining to proceedings 29.07.2021 issued by the 3^rd respondent and the consequential proceedings dated 14.02.2022 issued by the 2^nd respondent as bad illegal, arbitrary, without jurisdiction, beyond competence, unfair, contrary to the findings of the Trial Court, dated 01.11.2019 in SC No. 95 of 2018 and unconstitutional and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits by issuance of Writ of Mandamus or issue any Writ Order or Direction in the interest of justice and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was appointed as police constable on

04.11.2009 and got married to one Sampurna on 17.04.2015. Thereafter, petitioner's wife went to her maternal home for few days and after coming back to the petitioners home the petitioner's wife committed suicide by self immolation on

30.08.2015.

It is specific case of the petitioner that based on the complaint given by the father in law of the petitioner, FIR.No.98/2015 was registered under section 498-A and 307 of IPC, however, strangely a charge memo, dated 17.02.2016 against the petitioner was issued by the respondents with the charges of murder. Thereafter, on 26.09.2018 an enquiry report was submitted by the enquiry officer holding that the murder charges were proved and subsequently the petitioner provided the explanation dated 29.12.2018 stating that the enquiry was not conducted properly and witnesses were not examined during the enquiry.

It is further the case of the petitioner that the Trial Court had acquitted the petitioner through the judgment 01.11.2019 in S.C.No.95 of 2016 after conducting proper trial on merits. However, the disciplinary authority i.e., 3rd Respondent vide proceedings dated 29.07.2021 imposed the maximum punishment of dismissal from service ignoring the Hon'ble acquittal of the petitioner by the Trial Court. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RECORD:-

A. The order impugned D.O.No.5620, No.L&O/ B8/ 2067/ 2015, dated 29.07.2021 issued by the

3^rd respondent is extracted hereunder:-

Sri B.Anil Kumar, PC 9839 of Market PS was placed under suspension (from the date of his arrest Le. 07-09-2015) vide reference 1 read above, on the Sri B. Anil Kumar, PC 9839 of Market PS was placed under suspension allegations that he married one Sampoorna, R/o Rajapet, Nalgonda District on 17-04-2015 by taking dowry of Rs.5,00,000/-. He started harassing his wife mentally father-in-law failed to fulfil the demand, he along with his parents and younger sister and physically for additional dowry of Rs. 1.30.000/- to clear their debts. As his 30-08- 2015 at about 0430 hours, he along with his parents and younger sister poured kerosene on his wife and lit her, due to which she sustained 90% burn injuries and hatched a plan to do away with his wife Sampoorna. According to their plan on while undergoing treatment died on the same day at Gandhi Hospital, Secunderabad. & Sec. 3 & 4 of DP Act was registered at PS Maddur of Warangal Rural District. On the complaint of Sri Janga Mallaiah, a case in Cr. No. 98/2015 U/s 498 (A), 307 1PC Subsequently on receipt of death intimation that Smt. Sampoorna, succumbed to burn was arrested by the Maddur Police on 07-09-2015 and remanded to judicial custody injuries, section of law was red to 304 (B), 302 IPC. Sri B. Anil Kumar, PC 9839 and he was lodged in Central Prison, Warangal.

2) Sri B. Anil Kumar, PC 9839 of Market PS was handed upon with an Articl