Telangana High Court
B. Naresh vs The State Of Telangana on 29 January, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.27908 OF 2019
O R D E R:
This Writ Petition is filed under Article 226 of
Constitution of India seeking the following relief:
"...to issue an appropriate writ, order or direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the respondent No.2 in issuing Memorandum Rc.No.103/
Rectt./Genl.1/2019, dt.3-12-2019 received on 13-12-2019 as
arbitrary, illegal and unconstitutional rejecting the petitioner for
sending training for the post of SCT SI (Civil) in Zone-VI in
Recruitment-2018 and consequently set aside the same and appoint
the petitioner on par with other candidates got selected for the post
of SCT SI (Civil) in Zone-VI in Recruitment-2018 and be pleased to
pass..."
2. Heard Sri D.L.Pandu, learned counsel for the petitioner;
learned Government Pleader for Home for respondent Nos.1
and 3; and Sri M.V.Rama Rao, learned Standing Counsel for
Telangana State Level Police Recruitment Board, for
respondent No.2.
3. Learned counsel for the petitioner submits that
respondent No.2 issued recruitment notification calling for
application for Sub-Inspector (SI Civil, SI Armed Men and
Women, SI SAR CPL Men and SI TSSP Men) and pursuant to
same, the petitioner applied for the said post, participated in
the final examination conducted on 20.04.2019 and
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21.04.2019. Consequently, final results were announced on
12.07.2019, wherein the petitioner secured 267 marks out of
400 marks and he got selected for the post of SCT SI (Civil) in
Zone-VI under open category. Thereafter, respondent No.2
issued show cause notice, dated 21.10.2019, stating that
since a case in Crime No.196 of 2017 on the file of Station
House Officer, Nalgonda-II Town Police Station, is pending
against the petitioner, why his provisional selection for the
post of SCT SI (Civil) should not be cancelled as per Rules, for
which, the petitioner has submitted his explanation on
26.10.2019 to respondent No.2 and requested to send him for
training. However, the respondents without considering the
same, issued impugned proceedings, dated 03.12.2019
cancelling provisional selection of the petitioner. It is further
submitted that after filing of charge sheet in Crime No.196 of
2017, the same was numbered as C.C.No.29 of 2020 on the
file of learned Special Judicial Magistrate of First Class (for
Prohibition & Excise Offences)-cum-II Additional Junior Civil
Judge at Nalgonda. The trial Court vide judgment, dated
05.03.2024, acquitted the petitioner from the said criminal
case. Therefore, the petitioner is eligible for appointment to
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the post of SCT SI (Civil). Hence, learned counsel prays this
Court to permit the petitioner to make fresh representation
before respondent No.2 redressing his grievance and
respondent No.2 may be directed to consider the same and
pass appropriate orders, within a stipulated period of time.
4. Learned Standing Counsel for respondent No.2 submits
that since a case in Crime No.196 of 2017 on the file of
Station House Officer, Nalgonda-II Town Police Station, was
pending against the petitioner, his provisional selection was
cancelled. However, on receipt on representation from the
petitioner, respondent No.2 will consider the same and pass
appropriate orders.
5. Having regard to the submissions made by learned
counsel for the respective parties and without going into
merits of the case, this Writ Petition is disposed of permitting
the petitioner to make representation before respondent No.2
redressing his grievance within a period of one week from the
date of receipt of a copy of this order. On receipt of such
representation, respondent No.2 is directed to consider the
same and pass appropriate orders, strictly in accordance with
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law, as expeditiously as possible, preferably within a period of
four (4) weeks thereof and communicate a copy thereof to the
petitioner.
Miscellaneous petitions pending, if any, shall stand
closed.
____________________
PULLA KARTHIK, J
Date : 29.01.2025.
Note : Issue C.C. in three days.
B/o.TMK
