M.A. Akheel Ahmed v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 34542 OF 2022 Between:

M.A. Akheel Ahmed, S/o. Late M.A.Samad, Aged about 38 Years, Occ. Home Guard, 647'1 (under Suspension), RJo. H,No.20-3-437/1 , IVloosa Bowli, Hussain Alam, Hyderabad.

,.PETITIONER AND The State of Telangana, rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad The Director General of Police, Telangana State, Lakdikapul, Huderabad. The Commissioner of Police, Hyderabad City,Hyderabad. Commandant Home Guards, Hyderabad City, Goshamahal, Hyderabad. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declare the action of the respondents are illegal, arbitrary and violative of principles of natural justice and set aside the removal order passed in File No.

A2IHGS-HYD/3212021 dated 30/04/2021 and further direct the respondents to reinstate the petitioner into service as Home Guard. IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the removal order dated 30-O4-2O21in File No.A2lHGS.HYDl32l2021 by the 3rd respondent pending disposal of main writ petition.

Counsel for the Petitioner: SRI KAMALAKARA RAO BATHINA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 34542 af 2A22 OITDER:

This Writ petition is filed declaring the action of the respondents in issuing removal order as illegal, arbitrary and to set aside the removal order passed in File No.A2IHGSHYD32/2021 dated 30.04.2021 and consequently direct the respondents to reinstate the petitioner into se!-vice as Home Gua rd.

2.

Learned counsel for the petitioner submits that the petitioner was appointed as Home Guard on 26.06.2OO2 and was performing his duties sincerely from last 1B years. Learned counsel for the petitioner further submits that petitioner received suspension order vide No.A1lHGs.Hy d/5g3/2O2O dated 09.06.2020 from respondent No.3 stating that while performing Blue Colts duties in Falaknuma PS, petitioner being a member of police department supported anti social elements and activities which is highly objectionable.

3.

Learned counsel for the petitioner further submits that respondent No.3 in his notice No.A1lHGs.Hyd/593/2020 dated 09.06.2020 also issued show cause notice-Il calling explanation

within in three days and the same was submitted b./ the petitioi-ieidenying all the allegations. 4.

Aggrieved by the action of respondent No.1 petitioner filed WP.No.22255 of 2021 before this Court questioning the suspension order No. A1lHGs.Hyd/593/2020 dated 09.06.2020 and this Court by order dated 24.09.202L disnrissed the writ petition as infructucus and liberty was granted to petitioner to challenge the removal order dated 30.04.2021. Later the petitioner was removed from the service on 06.05.2021. By virtue of liberty given, the petitioner filed appeal on 07.03.2022 before respondent No.2 and the same is pending as on date. 5.

Learned Special Government Pleader for Home and Services submits that the respondent No.2 would consider disposing the pending appeal of petitioner's dated 07.03.2022 within a time bound period.

6.

In view of the submission made by the learned counsels on either side and without expressing any opinion on merits of the case, this writ petition is disposed of, with a direction to respondent No.2 to consider the representation/appeal of the petitioner dated 07.03.2022 and give a fair opportunity of hearing to the petitioner and pass appropriate orders strictly in

accordance with law, within a period oF four (04) weeks from the date of receipt of a copy of this order'.

7.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

SD/.G.SIREESHA ASSTSTATr REGTSTRAR sEh8i oFFrcER / To, i/TRUE COPY'

The Principal Secretary, Department of Home, State of Telangana, Secretariat Buildings, Hyderabad 1.

The Director General of Police, Telangana State, Lakdikapul, Huderabad 2.

The Commissioner of Police, Hyderabad City,Hyderabad. 3.

Commandant Home Guards, Hyderabad City, Goshamahal, Hyderabad. 4.

q One CC to SRI KAMALAKARA RAO BATHINA Advocate IOPUC] Two CCs to GP FOR HOME, High Court forthe State of Telangana at Hyderabad. [OUT] r)_ Two CD Copies.

7.

One spare copy.

8.

NPJ BS/ il

HlGH COURT DATED:1 011012022 :

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ORDER

)'J WP.No.34542 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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