G. NARSAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition(TR) has been filed seeking to "call for records relating to order bearing No DO.No.03/2015, C.No 19/RIHGs/ADD/2015, dtd. 9/1/2015 of the 3rd Respondent and set-aside the same as illegal, arbitrary, violative of principles of natural justice and Article 14 and 16 of the Constitution of India and consequently direct reinstatement of applicant as Home Guard with all consequential benefits as though the impugned order was never made and pass such other order or orders"

(2.) Learned counsel for the petitioner submits that petitioner/applicant (hereafter called 'petitioner') was appointed as Home Guard in Home Guards Organization on 2/9/2002. After completion of training, petitioner was posted to Hajipur Police Station, Mancherial. On 2/3/2013, petitioner was posted to FCI Food Storage Depot, Mancherial. However, on 7/3/2013, the Manager of FCI has addressed a letter to Divisional Supertindent of Police, Manchierial stating that the petitioner is coming to office in drunken condition and he is not obliging to FCI official and also request to replace the petitioner with other Home guard to safeguard the FCI National Properties. Thereafter, on 7/3/2013, the Inspector of Police, Mancherial Police Station, Adilabad District has addressed a letter to Duty Medical Officer, Government Area Hospital, Macherial to examine the petitioner and issue necessary certification to specially state whether the petitioner is in intoxication state or not and on the same day, i.e., 7/3/2013, the Duty Medical Officer examined the petitioner and stated that the petitioner is "under the influence of alcohol of mild degree".

(3.) Learned counsel for the petitioner submits that Enquiry Officer conducted the enquiry and submitted enquiry report on 25/4/2014, vide C.No.93/L1/2014 and the show cause notice was served on petitioner calling for explanation prior to the said enquiry and the enquiry report was also not communicated to the petitioner and submits that it is settled law that the report of the Enquiry report has to be communicated to the delinquent employee.