IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH Date:17.03.2026 Between:

P. Satyanarayana.

..Petitioner And Union of India/Government of India and others.

...Respondents

ORDER:

Heard Sri Vignendra Varma Rathod, Learned Counsel appearing for the petitioner and Sri N. Bhujanga Rao, Learned Deputy Solicitor General of India appearing for the respondents.

2. This writ petition is filed questioning the Proceedings in Memo No.S/X/P.227/153/04/PSN/2022 dated 21.06.2022, orders of Disciplinary Authority (SR.DSC/SC), Dismissal from service vide D.O.No.90/2022 dated 30.11.2022 and also the upheld order passed by the Appellate Authority and the review order passed by the respondent No.3 vide Force Order No.47/2023 dated 09.06.2023 as arbitrary and illegal and direct the respondents to reinstate the petitioner into service.

3. Learned Counsel appearing for the petitioner submits that the petitioner while working as Head Constable was involved in the arrest of six accused persons in Cr.Nos.3 and 4 of 2021 registered for the offence under Section 3(a) of RP (UP) Act of SKZR Post along with other police personnel. One of the accused namely Anil Ganapathy Madhavi (Al) in Cr.No.3 of 2021 died on 12.07.2021 due to epilepsy in the custody of the police. Basing on the complaint from the mother of the deceased accused, Cr.No.794 of 2021 on the file of Ballarshah Police Station was registered against the petitioner and other RPF officials. The departmental disciplinary proceedings were initiated against the petitioner as per Rule 153 of RPF Rules, 1987 vide Office Memorandum No.S/X/P.227/153/04/PSN/2022 dated 21.06.2022 for the alleged involvement in the said crime of custodial death and violation of the Code of conduct mentioned in Rule No.3(1)(iii) & 3(2)(ii) of Railway Service Conduct Rules, 1966. After enquiry, the petitioner was dismissed from service vide D.O.No.90 of 2022 dated 30.11.2022. The appeal filed by the petitioner was rejected vide Force Order No.20 of 2023 dated 23.03.2023 and the Revision Petition filed by him was also dismissed vide Force Order No.47 of 2023 dated 09.06.2023 confirming the punishment of 'dismissal from service'.

4. Learned Counsel for the petitioner further submits that the petitioner has followed the instructions of his superiors and he was not involved in the alleged custodial death of the deceased accused and falsely implicated in the said criminal case. The facts of the disciplinary case and the criminal case are identical and as such until the criminal case is concluded, the orders of the Disciplinary Authority i.e., Dismissal from Service' have no legal sanctity and the Major Penalty Charge Sheet initiated against the petitioner under Rule 153 of RPF Rules 1987 vide Office Memorandum No.S/X/P.227/1563/04/PSN/ 2022 dated 21.06.2022 was made from assumptions with no substantiating incriminating evidence against him. The appellate as well as revisional authorities have not considered the contentions of petitioner. He further submits that the other accused involved in the same crime were subsequently reinstated into service by the competent authorities and requested to set aside the impugned orders by reinstating him into the post of Assistant Sub-Inspector, ASI/CIB-DW/SC.

5. Learned Counsel for the petitioner further submits that the other Officers along with the petitioner i.e, one K. Srinivas Reddy, Sub-Inspector of RPF and one Satpal Singh, Inspector/RPF, who were involved in criminal case for the custodial death of the deceased accused, have approached this Court by filing W.P.Nos.37100 and 45956 of 2022 respectively and the same were disposed of on 16.11.2023 granting stay of all further proceedings in the departmental proceedings initiated against them till conclusion of the criminal case. One Mr. Sk. Rasheed, Sub- Inspector of RPF, also approached the High Court of Andhra Pradesh at Amaravati by filing W.P.No.18419 of 2022, wherein the Court has granted interim sta