IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
K.Janardhan – Appellant
Versus
The Commandant-III and 2 others – Respondent
WP 10375/2021
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.10375 OF 2021
DATED : 21.05.2026
Between:
K.Janardhan
... Petitioner
AND
The Commandant-III, Director General,
TS SPF, Headquarters, Ranigunj,
Secunderabad, Hyderabad and others
... Respondents
O R D E R
In this Writ Petition, the petitioner is seeking a Writ particularly a
Writ of Certiorari to call for the records relating to the impugned
proceedings Rc.No.TS SPF/A3/22/2017 O.o.No.A-531/2017
dt.11.08.201 of the 1st respondent, the consequential appeal rejection
orders issued vide proceedings Rc.No.TS SPF/A3/PR/22/2017 O.o.A-
618/2017 dt.27.10.2017 of the 2nd respondent and the revision rejection
orders in Memo No.227(P)/SER.III/A1/2020 dt.10.9.2020 of the 3rd
##PAGE2##W.P.No.10375 of 2021
2
respondent and declare them as illegal and arbitrary and consequently to
set aside the same and to declare the entire procedure adopted by the
respondents for imposition of major penalty of removal from service as
well as rejecting appeal and revision petition of the petitioner as
contrary to judicial pronouncements and to direct the the petitioner to be
reinstated into service with all consequential benefits and to pass such
other order or orders.
2. Brief facts leading to the filing of this Writ Petition are that the
petitioner was appointed as a Constable by way of direct recruitment in
the year 2001. His services were regularised and his probation was also
declared satisfactorily. While he was working at TS SPF, TS GENCO,
Srisailam, he went on medical leave due to severe back pain with effect
from 24.08.2016 to 13.09.2016 afternoon on the basis of the advice of
the Civil Assistant Surgeon, NSRS Hospital, Srisailam Dam East. It is
submitted that the petitioner proceeded to his native place at Gadwal on
medical leave and the concerned doctors at Gadwal advised him to take
complete bed rest and therefore, the petitioner sought to extend the leave
up to 01.03.2017. It is submitted that vide proceedings dt.07.03.2017,
the 1st respondent placed the petitioner under suspension and
subsequently he was reinstated into service by revoking his suspension
##PAGE3##W.P.No.10375 of 2021
3
vide orders dt.18.07.2017 of the 2nd respondent and was directed to
report before the 1st respondent. Consequent on reporting for duty on
20.07.2017, the 2nd respondent issued posting orders dt.22.07.2017. It is
stated that on 20.04.2017, the petitioner was required to appear before
the enquiry officer and the enquiry officer, except receiving the written
statement, did not conduct any enquiry in terms of Rule 20 of CCA
Rules, but he submitted his report holding that the charges levelled
against the petitioner as proved and on the basis of the said report, the
2nd respondent issued final show-cause notice dt.24.07.2017 calling for
the petitioner’s explanation and thereafter, imposed the punishment of
removal from service. It is submitted that on 23.10.2017, the petitioner
filed statutory appeal before the 2nd respondent who passed orders on
27.10.2017 rejecting the appeal by taking note of the earlier
punishments imposed on the petitioner which are unconnected with the
present issue. Aggrieved by the same, the petitioner preferred revision
before the 3rd respondent who rejected the same on 10.09.2020 by
observing that it was not feasible for consideration as per the existing
rules. Challenging the same, the present Writ Petition is filed.
3. Learned counsel or the petitioner submitted that the charge
levelled against the petitioner is for overstay on leave and on receipt of
##PAGE4##W.P.No.10375 of 2021
4
the charge memo, the petitioner submitted his detailed explanation by
enclosing all relevant medical prescriptions. It is submitted that the
application of the petitioner for extension of leave is also acknowledged
by the concerned authorities. Without considering the same in proper
perspective, the impugned order of removal from service, which is a
major punishment, was passed and the appeal and rev
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