THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Appeal No.984 of 2015
JUDGMENT : (Per Hon'ble Justice Abhinand Kumar Shavili)
This Writ Appeal is filed by the appellants assailing
the order passed by a learned Single Judge of this Court in
Writ Petition No.3316 of 2000, dated 01.06.2015.
2. Heard Ms. L. Pranathi Reddy, learned Standing
Counsel for the Central Government, appearing for the
appellants; and Mr. J.M. Naidu, learned counsel for the
respondent.
3. Learned Standing Counsel for the appellants contended that the respondent has responded to a notification for the post of Constable in Railway Protection Force (R.P.F.), and he was selected and sent for training; while the respondent was undergoing training, it has come to the notice of the appellants that the respondent was involved in a criminal case in Sessions Case No.54 of 1992; the respondent has suppressed about his involvement in the said criminal case; though the respondent was acquitted later by the competent criminal court in said ::2:: AKS,J & RRN,J wa_984_2015 criminal case, the said fact was not informed to the appellants at the time of selection; accordingly, the appellants have discharged the respondent form service vide proceedings dated 22.02.2000 under Rule 67.2 of Railway Protection Force Rules, 1987; aggrieved by the said order of discharge from service, the respondent approached this Court by filing Writ Petition No.3316 of 2000; and a learned Single Judge of this Court, vide order dated 01.06.2015, was pleased to allow the Writ Petition by setting aside the orders of discharge dated 22.02.2000, and directed the appellants to take the respondents into service.
4. Learned counsel for the appellants further contended that the learned Single Judge ought to have remanded back the matter to the appellants at least so as to enable the appellants to consider the case of the respondent in terms of the law laid down by the Hon'ble Apex Court in Avatar Singh vs. Union of India1; and therefore, prayed this Court to pass appropriate orders in the Writ Appeal by setting aside the order passed by the learned Single Judge 1 2016 (8) S.C.C. 471 ::3:: AKS,J & RRN,J wa_984_2015 in Writ Petition No.3316 of 2000, dated 01.06.2015, and to allow the Writ Appeal.
5. On the other hand, learned counsel for the respondent contended that the Hon'ble Apex Court, in a judgment reported in Pawan Kumar vs. Union of India2, has considered the facts and circumstances of the case and directed the Railway Protection Force to reinstate the petitioner therein by applying the principles laid down by the Hon'ble Apex Court in Avatar Singh (1 supra); and therefore, prayed this Court to pass appropriate orders in the Writ Appeal.
6. This Court, having considered the rival submissions made by the parties, is of the considered view that the present Writ Appeal can be disposed of by directing the appellants to consider the case of the respondent in terms of the law laid down by the Hon'ble Apex Court in Avatar Singh (1 supra) and pass appropriate orders within a reasonable period of time, preferably within a period of two (02) months from the date of receipt of a copy of the order. It is needless to say that the respondent is also at liberty to submit a detailed representation to the appellants, and 2 Civil Appeal No.3574 of 2022, dated 02.05.2022 ::4:: AKS,J & RRN,J wa_984_2015 thereafter the appellants shall give an opportunity of hearing to the respondent before passing any orders.
7. With these observations, the Writ Appeal is disposed of. No costs.
8. As a sequel, miscellaneous applications pending if any in this Writ Appeal, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J _____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date : 01.12.2022 Ndr