MADDA ADAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition under Article 226 of the Constitution of India is filed seeking to call for the records pertaining to impugned charge memo dtd. 7/11/2020 and set aside the same as bad, illegal and arbitrary.

(2.) The case of the petitioner is that the petitioner was initially appointed as Sub-Inspector of Police (Civil) in the year 1998. He became eligible for promotion to the post of Inspector of Police in the year 2008, but the promotion was denied on the ground of punishment of stoppage of two increments with cumulative effect issued in the year 2007. Subsequently, the petitioner was dismissed from service vide proceedings dtd. 16/7/2011. Aggrieved by the same, the petitioner filed OA.No.3827 of 2011 before the Tribunal. The said O.A. was allowed vide judgment dtd. 10/7/2014. Against the Judgment passed in OA.No.3827 of 2011, the department filed W.P.No.28519 o f 2014. The said Writ Petition was dismissed vide order dtd. 19/11/2014. Accordingly the petitioner was reinstated into service vide proceedings dtd. 7/2/2015.

(3.) The petitioner was targeted on trivial issues hence, the petitioner submitted a representation to Spandana in the year 2020. But the same was not considered. Aggrieved by the same, the petitioner approached the CM's office on 28/9/2020 for redressal of his grievance, but he was restrained. The Inspector of Police, Tadepalli addressed a letter dtd. 29/9/2020 to the 5threspondent projecting the issue as if the petitioner impersonated. The 5threspondent addressed a letter to the 4threspondent referring the report submitted by the Inspector of Police, Tadepalli P.S. dtd. 29/9/2020. The 4threspondent addressed a letter dtd. 30/9/2020 to the 3rdrespondent to take appropriate action. The 3rdrespondent without following the procedure has straight away issued charge memo dtd. 7/11/2020, which is contrary to Rule 20 of the CCA Rules. As per the policy of the Government, the enquires must be completed within three months and in complicated cases within six months. In the present case the charge memo was issued on 7/11/2020, but till now no Enquiry Officer was appointed. Based on the pendency of the disciplinary proceedings, the respondents denied the promotion of the petitioner, which is illegal. Hence, the present Writ Petition is filed.