The applicant submits that he is working as
Police Constable at Chitvel P.S. YSR
District Kadapa. While the applicant
was working at KondapuramPolice
Station in the year 1992, he fell
sick from 29-6-1992 to 26-10-1993 in piece meal. the same was
informed to his superiors. When he approached for fresh passport to continue on
leave, the station house officer, Kondapuram refused the same on the ground that the Circle Inspector of
Police instructed him not to give medical pass port. He never absent to his duty. The applicant was taken on duty in the year
1996. In the mean while
a criminal cases U/s. 420 of IPC
and Cr. U/s.147, 148, 448,324, 307 r/w 149 of IPC of Kondapura PS on the ground that the
applicant was entered into the house of
private person and further charged that
the applicant was entered agreement with one person i.e. Class - I
contractor to do business of exporting
iron-scrap from South Central railways
Secundrabad filing Tenders on his name in April 1993 and October 1993 were
registered cases against the applicant. and violated Rule 9 (4) and 10 of APCS
(conduct ) Rules 1964.
(b) The applicant submit that he never involved in criminal case and the
alleged false case against the applicant
was acquitted. He neither entered into
the house of private person nor caused
bleeding injuries due to grudges in the
business of iron scrap and thus the
provision of Rule 3 (1) of APCS (Conduct) Rules 1964 will not
applicable and in the year April and
October 1993 The applicant submit that
he was very much in service up to 1999.
if the charges are true they
ought to have initiate disciplinary action immediately and the 2nd respondent has issued the above
charge dt. 28-1-2011 after laps
of 6 years i.e. in the year 1999 and
also re-opened and appointed Enquiry Officer after laps of 17 years is illegal
arbitrary and liable to be setaside and
which is contrary to reported Supreme
Court judgment. Due to ill fate of the
applicant, the applicant was dismissed from service in the year 2000 vide
proceeding No. C.dt. 10-7-2000. Against
the said dismissal order the applicant was filed O.A.No. 4637/2000 and the same
was allowed by setting aside the alleged charge and against the order of the Tribunal,
the respondents has preferred an appeal before the Hon’ble High court by
way of Writ petition and the same was dismissed as follows.
“ In this background of the
matter, We feel that the order of the Tribunal is just and proper and it does
not require any interference by this Court.
Hence this writ petition is devoid of merits and as such the same is liable
to be dismissed. Accordingly, this Writ Petition is dismissed No costs”.
After the above dismissal of
the W.P. which was filed by the respondents
the applicant was reinstated into
service on dt.9-11-2010. The applicant
is in service and continued as such.
(c ) The
applicant submit that the 2nd respondent has issued another false charge memo dt. 2-2-2011 that the applicant was deserted from service
without leave or permission and without intimating him where abouts to his
superiors from 29-6-1992 to 19-7-1992 and thereby violated rule 3 (1 ) of APCS (Conduct )Rules
1964. In
this connection the applicant submit that he reported sick in the year 1992 and continued to avail medical leave up to
26-10-1993. Thereafter the
respondents treated his leave as “ Leave
without pay ” and he was in service up to 1999. Keeping grudge in mind against the applicant, the respondents again
re-opened false charges and asking him to submit explanation in the year 2011 i.e.
after laps of 17 and 18 years as illegal and arbitrary and violation reported
supreme court judgment and Article 16,
21 and 311(2 ) of Constitution of
India. Thus above charges are liable to be set-aside.