VANARASI NAGA JYOTHI Vs. STATE OF A.P.

JUDGEMENT

(1.) The above writ petition is filed impugning the proceedings issued by respondent No.2 vide D.O.No.499/2022 C.No.62/OE-PR/2012, dtd. 2/8/2022, whereby a penalty of removal from service was imposed against one Sri Trinatha Rao, who is the husband of the first petitioner and father of petitioners 2 and 3, as illegal and arbitrary and to direct the respondent authorities to release the death benefits.

(2.) The case of the petitioners, in brief, is that :

(3.) (a) A counter affidavit was filed on behalf of respondent No.2. While not disputing the appointment of Sri Trinatha Rao as a Police Constable in 5 th Battalion, APSP and his transfer to Armed Reserve Police, Kakinada, East Godavari District, it was contended that the Senior Audit Officer, Office of the Principal Accountant General (Civil Audit), Andhra Pradesh, Hyderabad vide letter No. Prl.AG(CA)/CA-I/U-/2010-11/14, dtd. 9/5/2011, pointed out that Sri Trinatha Rao furnished fake and false fabricated bills. The Accountant General opined that the claim was not genuine and instructed to recover the amount from the claimant in one lump sum. Accordingly, a show-cause notice vide Ex.P4 was issued. Sri Trinatha Rao, in turn, submitted an explanation vide Ex.P5. The Additional Superintendent of Police (Admn), East Godavari, Kakinada, inquired into the matter and submitted a report vide C.No.08/(Admn)/Camp-E,G/2011, dtd. 7/1/2012, stating that the medical bills submitted by Sri Trinatha Rao are false and recommended to register a case. The said Sri Trinatha Rao was placed under suspension vide Ex.P7. The Administrative Officer, District Police Officer, East Godavari District, complained to at II Town Police Station (Law and Order), Kakinada on 23/4/2012 and the same was registered as a case in Cr.No.91 of 2012 for the offence punishable under Sec. 420, 467, 468, 471 of IPC, against the said Trinatha Rao. A charge sheet was filed and the same was numbered as C.C.No.242 of 2015 on the file of the learned AJFCM Court, Kakinada.