D.RAJA BABU Vs. PRINCIPLE SECRETARY

JUDGEMENT

(1.) The above writ petition, under Article 226 of the Constitution of India, is filed aggrieved by the proceedings in Rc.No.APSPF/A3/PR/04/2017-2020 dtd. 10/11/2020 issued by respondent No.2 confirming the order of respondent No.3 in Rc.No.A3 / 101 / PR- 04 / Comdt - VJA / APSPF/2017-2020/D No.1650/O.O. No.A-40/2020 dtd. 3/9/2020.

(2.) Assistant Commandant, APSPF, Srisailam submitted preliminary enquiry report to Commandant, SPF, Tirupathi, against the petitioner, while petitioner was working as Head Constable in APSPF, Srisailam unit, regarding his in-discipline and arrogant behavior with R. Siva Shankar, SI, SPF, Srisailam on 27/3/2017, while fall-in of B-shift duty personnel at the check-post of SRBHES, Srisailam. DG, SPF appointed Additional Commandant, APSPF, Vijayawada as Disciplinary Authority. Basing on the enquiry report dtd. 31/3/2017 of Assistant Commandant and as per orders dtd. 20/4/2017 of respondent No.2, three articles of charges were framed against the petitioner, which are extracted here under:

(3.) While said disciplinary case is under progress, petitioner was removed from service vide proceedings, dtd. 17/5/2017 in another disciplinary case. Eventually punishment of removal from service was set aside and out of employment period was treated as "Not on Duty". Respondent No.2 issued counter orders reinstating the petitioner into APSPF services and posted him to APSPF unit, Airport, Rajamahendravaram.