Banothu Suresh Kumar, v. Sri J. Poornachandra Rao,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Pronounced on : 09-6-2017 Coram :

The Honourable Mr. Justice V.RAMASUBRAMANIAN and The Honourable Smt. Justice ANIS Banothu Suresh Kumar, S/o. B.Ramachandra, Hindu, Aged about 30 years, H.No.1-180, Yerragudda Thanda (V), Kothush (Post), Kusumangiri (M), Khammam District ... Petitioner Vs.

1. Sri J.Poornachandra Rao, Chairman, State Level Police Recruitment Board, Government of Telangana, D.G.P. Office Premises, Lakdikapool, Hyderabad

2. Sri Shanwaz Khasim, Superintendent of Police, Khammam, Khammam District

3. Sri K.Surya Chandra, Commandant, 16th Bn., APSP., Visakhapatnam (R-3 impleaded as per Court order dated 07-12-2015 vide Application No.1251 of 2015) ... Respondents For Petitioner : Mr. K.Ramamohan For Respondents 1&2 : Government Pleader for Services-I (TG) For Respondent No.3 : Government Pleader for Services-I (AP)

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SMT JUSTICE ANIS Judgment: (per V.Ramasubramanian, J.) The contempt petition arises out of a final order passed in a writ petition filed by the petitioner herein directing the State to appoint the petitioner herein as a Police Constable.

2. Though initially there were some controversies about whether the petitioner could be accommodated in Khammam District or Visakhapatnam, the respondents have now filed counter affidavits independently agreeing to accommodate the petitioner but to send him for training along with the next batch which will be sent for training. The case of the respondents is that it is not possible to send one person separately for training. The relevant portion of the counter filed by the Commandant of the 16th Battalion reads as follows:

"7) Further, it is respectfully also submit that, as usually, the Chairman, S.L.P.R.B., A.P., Hyderabad has to be informed the date of commencement of training course and furnished the list of candidates sent for training in next batch and then concerned Unit Officers sent for training. As and when informed by the Chairman, S.L.P.R.B., A.P., Hyderabad the next batch training schedule, the applicant sent for training."

3. Similarly, the Superintendent of Police, Khammam District has also filed a counter, paragraph-4 of which reads as follows:

"It is submitted that, accordingly, the Commandant, APSP., 16th Bn., Pekuru, Visakhapatnam of Andhra Pradesh State has passed a memo C.No.101/A1/2013, dt/08-12-2014 and the same was got served on petitioner and it was acknowledged by him on 24.01.2015. The 16th Bn., APSP., Visakhapatnam falls under Andhra Pradesh State and the Chairman, State Level Police Recruitment Board, A.P., Hyderabad has issued a memorandum Rc.No.454/ R&T/Admn.2/2013, Dt/22.12.2015 addressed to the Commandant, 16th Bn., Visakhapatnam that, "the petitioner will be sent for the training in the next batch subject to clean report with regard to antecedent verification at that time. Now, no induction training is being conducted for the SCT PCs. For appointment to the post of Police Constable, one must undergo full pledged training and the same is not possible for one or two candidates. As and when a new training batch starts, the applicant will be called for (09) months induction training. He has to wait until a new batch starts".

In the circumstances supra, it is to submit that, the above petitioner Sri Banothu Suresh Kumar was already allowed to send him for training from the concerned unit of Andhra Pradesh during the next batch."

4. In the light of the above, no further orders are necessary in this contempt petition. Hence, the contempt case is closed. The respondents shall send the petitioner for training along with the next batch of selectees. If the respondents fail to do so, it will be open to the petitioner to revive the action. The applications, if any, pending in this contempt case shall stand closed.

__________________________ V.RAMASUBRAMANIAN, J.

________ ANIS, J.

09th June, 2017.

Ak

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SMT JUSTICE ANIS (per VRS, J.) 09th June, 2017.

(Ak)