V.SATHISH Vs. ADDL. D.G.P.

JUDGEMENT

(1.) The petitionerwas an Assistant Sub-Inspector (ASI) in the Fingerprint Bureau of Warangal (Rural). He was dismissed from service by the 3rd respondent-Additional Director General of Police, vide Proceedings dtd. 31/7/2017. Petitioner challenges the proceedings dtd. 31/7/2017 as arbitrary, biased, and procedurally flawed enquiry process, and contrary to facts and law. He seeks reinstatement with full consequential benefits, by treating the suspension period as "on duty".

(2.) Brief facts of the case, as per the writ affidavit, are that the petitioner joined the Indian Army in 2001 as a Craftsman in Telecommunication and Radio wing. Following his father's demise, he requested discharge to take care of his mother, as he was the only son. The Army accepted his request and issued a "Combined Certificate of Discharge and Recommendation for Civil Employment," which classified him as a "non-ex-serviceman" due to the insufficient length of service and voluntary discharge.

(3.) A counter affidavit is filed by the Additional Director General of Police (arrayed as 3rd respondent in the writ petition). It is stated in the counter that the petitioner's selection as Assistant Sub-Inspector (ASI) in the Fingerprint Bureau (FPB) under the Ex-Servicemen quota was obtained through a deliberate misrepresentation of his eligibility, and that the entire writ is an attempt to mislead the Hon'ble Court into overturning disciplinary proceedings that are legally sound and factually justified. It is contended that the petitioner falsely declared himself as an Ex-Serviceman in order to secure a reservation-based selection under the notification No. 88/R&T/Gen.1/2009 dtd. 26/2/2009, issued by the Andhra Pradesh State Level Police Recruitment Board. It is contended that the petitioner, who applied with registration number 318630, enclosed with his application an "Army Combined Certificate of Discharge and Recommendation for Civil Employment" which explicitly classified him as a "Non Ex-Serviceman".