B. RAMI NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed by the unsuccessful applicant in O.A.No.873 of 2014 on the file of the Andhra Pradesh Appellate Tribunal, Hyderabad (for short 'the Tribunal'), whereby it has dismissed the said O.A. filed by him by order, dated 31.05.2017.

(2.) We have heard Mr.J.Sudheer, learned counsel for the petitioner, and perused the record.

(3.) The facts in detail have been mentioned by the Tribunal. Therefore, they need not be re-stated except to the extent that they are necessary for disposal of this writ petition. The petitioner, an ex Indian Armyman, applied for the post of Stipendiary Cadet Trainee (SCT) Police Constable in response to the notification, dated 31.10.2011, issued by the State Level Police Recruitment Board of the Andhra Pradesh. The petitioner was provisionally selected for the said post. During the verification of the antecedents, it came to light that the petitioner suffered three months rigorous imprisonment following the summary trial by the Court Martial for the offence under section 39(b) of the Army Act, 1950 (for short 'the Act'). Consequently, respondent No.2 issued proceedings, dated 25.12.2013, disqualifying the petitioner for appointment under Rule 3(G)(v) of the Andhra Pradesh Police (Stipendiary Cadet Trainee) Rules, 1999 (for short 'the Rules'). Respondent No.2 also cancelled the provisional selection of the petitioner. The said proceedings are questioned by the petitioner before the Tribunal by filing the aforementioned O.A. The main ground on which the cancellation of his provisional selection was questioned was that under Rule 3(G)(v) of the Rules, a person incurs disqualification only if he has been convicted for any offence by any Court of law and that the Court Martial not being the Court of law, the petitioner does not fall under the aforementioned provision. This plea was conclusively rejected by the Tribunal.