LAWS(APH)-2021-4-12

V. SADASIVA Vs. STATE OF ANDHRA PRADESH

Decided On April 01, 2021
V. Sadasiva Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) All these writ petitions are filed by the terminated/removed Home Guards under Article 226 of the Constitution of India for issue of Writ of Mandamus to declare the proceedings issued by the respondents either terminating or removing them from Home Guards Organisation as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and principles of natural justice; consequently set aside those proceedings and direct the respondents to reinstate the petitioners into Home Guards Organisation along with other consequential benefits.

(2.) The petitioner herein challenged the proceedings D.O.No.07 of 2012, Rc.No.B7/HGs/1295/2012 dated 19.06.2012 issued by respondent No.3.

(3.) The petitioner was deputed to work at Kuppam RTC Bus Depot. While discharging his duties, the petitioner allegedly misbehaved with ladies during Jatharas in intoxicated condition and collected money from the villagers styling himself as police constable, thereupon a letter was addressed by A.P.Road Transport Corporation for surrendering the petitioner to the Home Guards Organisation. Later, a show cause notice was issued on 02.02.2016 calling for explanation and on receipt of explanation, considering the same, the petitioner was removed from service. However, the removal of the petitioner on the said ground without conducting any enquiry is illegal. Therefore, the removal of the petitioner is contrary to the law declared by the High Court of Judicature at Hyderabad in "the State of Andhra Pradesh v. P.Prasad Rao , 2012 4 ALT 324"