LAWS(APH)-2017-7-35

V. VEERASWAMY Vs. STATE OF ANDHRA PRADESH

Decided On July 10, 2017
V. Veeraswamy Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Vide the present petition, the petitioner has assailed order dated 10.07.2015 passed O.A. No. 5724 of 2013, whereby the petition filed by the petitioner before the A.P. Administrative Tribunal, was dismissed.

(2.) Brief facts of the case are that the petitioner participated in the recruitment process for appointment to the post of Stipendiary Cadet Trainee Police Constable (Civil) and was provisionally selected to the said post. He was directed to appear before the Deputy Commissioner for undergoing physical measurement and efficiency test. The 3rd respondent, i.e., the Director General of Police, Andhra Pradesh, Hyderabad, issued proceedings C.No.1210/E4/SIB(Int)/2005 dated 20.06.2005, granting relaxation to the petitioner, insofar it relates to age and physical efficiency test, to participate in the recruitment process for appointment to the said post. Subsequently, 3rd respondent, vide proceedings dated 21.04.2008, cancelled the relaxation given to educational qualifications, height and age on the sole ground that the petitioner was involved in a criminal case. It is pertinent to note here that the petitioner filed the aforesaid O.A., along with other similar candidates and all the O.As., were decided by common judgment dated 10.07.2015.

(3.) The case of the petitioner is that, in similar cases, the Government issued G.O.Rt. No.2422 dated 16.09.1994 and G.O.Rt.No.312 dated 13.08.1996 not only granting relaxation of age, but also issuing appointment orders to the candidates, that too, without going through the procedures, for appointment to the post of Stipendiary Cadet Trainee Police Constable (Civil). In those circumstances, O.A.No.2383 of 2010 was filed before the Tribunal and the learned Tribunal directed the respondents to appoint the applicants as Police Constable (Civil) with all consequential benefits as they were already acquitted by the Sessions Judge, Warangal, along with others. The Tribunal in O.A.No.2383 of 2010 passed interim order dated 20.04.2010 directing the 3rd respondent to pass orders on the representation of applicants, by taking into account the judgment of the III Additional Sessions Judge, Warangal dated 06.02.2009 in S.C.No.793 of 2000. The 2nd respondent rejected the case of the applicants, in compliance to the above interim orders, and issued speaking orders on the ground that the appointing authority was not satisfied with the character and conduct of the applicants and found that they were not suitable to hold the post. Thereafter, applicants filed O.A.No.382 of 2011 and another O.A., seeking to set aside the Memo in Rc.No.235/R&T/Admn.2/2010 dated 16.12.2010 issued by the 3rd respondent. The learned Tribunal disposed of the O.As., on 28.04.2011, by setting aside the said memo and directed the respondents to consider the case of the applicants and pass appropriate orders after giving opportunity to the applicants and after assigning sufficient reason.