BATRAJU SIVA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: To declare the action of the Respondents herein particularly Respondent No 2 in not allowing the petitioners to discharge their duties as Salesman at Nidamarru Wine Shop on the ground that Crime No.158 of 2020 was registered against the petitioners herein without causing any enquiry with the supervisor of the wine shop about the presence of the petitioners on the even date and time basing on the mediators report prepared by the Station House Officer Nidamarru Police Station West Godavari District and without terminating and without issuing any notice to the petitioners about the termination orders as nothing but illegal arbitrary erroneous high handed and violative of principles of natural justice apart from violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 to allow the petitioners to discharge their duties as salesman at Nidamarru Wine Shop without adhering the Crime No 158 of 2020 registered by the Station House Officer Nidammaru Police Station for the offence under Section 34-A APEA Amendment 2020

(2.) The brief facts of the case are that, the petitioners were initially taken on Nominal Muster Rolls (hereinafter NMR ) in month of October, 2019 to work in a wine shop at Nidamarru village and Mandal, West Gdoavari District, which is under the control of the second respondent/Andhra Pradesh State Beverages Corporation Limited. Thereafter, they were directed to work as salesman on regular basis, but not issued any appointment orders, as their selection is not done through notification.

(3.) While the matter stood thus, on 29.07.2020, on receiving credible information about sale of liquor without having license, the Sub-Inspector of Police, Nidamarru Police Station apprehended one Konakalla Venkateswara Rao, for selling liquor bottles illegally at higher price for their illegal gains. The police seized 52 bottles of President medal fine whisky 180 ml , total worth Rs.9,360/-. During interrogation, Konakalla Venkateswara Rao (A-1) stated that he purchased the liquor bottles from the shop where the petitioners are working as salesman. Thereupon, the Sub-Inspector of Police summoned the petitioners and the supervisor of the wine shop. The petitioners stated that, as part of their duty, they have sold the liquor from 6 a.m to 11 a.m amid COVID-19 by following the directives issued by the State Government.