Telangana High Court
WP/24199/2004 of Pallakonda Jaya Raju Vs The Inspector General of Police on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24199 of 2004 Between: Pallakonda Jaya Raju S/o. Prabhudas Retd., Head Constable,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 24199 of 2004
Between:
Pallakonda Jaya Raju S/o. Prabhudas
Retd., Head Constable,
R/o.D.No.14/690, Gandluru Colony,
Kamalapuram, Kadapa District.
AND
..... PETITIONER
1. The Inspector General of Police
Southern Sector, Central Reserve
Police Force, Banjara Hills
Hyderabad.
2 The Commandant, 5th Battalion,
Central Reserve Police Force,
Padmarao Nagar, Secunderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction more particularly onein the nature of writ of Mandamus declaring the action of therespondents particularly the 2nd respondent in prematurely retiring the petitioner from service as per the proceedings No.P.III.3/2001 EC-1, dt.25.9.2001 as well as proceedings No.A, IV-I/2003-5-EC-1,dt.4.4.2003 of the 2nd respondent as illegal, unjust, arbitrary, withoutnotice, without enquiry and also non-application of mind and againststatutory provisions and consequently set aside the orders passedby the 2nd respondent in his proceedings No.P.III.3/2001-EC-1,Dt.25.9.2001 as well as the proceedings No.AIV-1/2003 -5-EC.1,dt.4.4.2003 and pass such other order or orders.
Counsel for the Petitioner: MR.L.J.VEERA REDDYCounsel for the Respondents: MRS.R.RAGHAMMA (ADDL. SCFOR CG)
The Court at the admission stage, made the following :
THE HON'BLE MR JUSTICE K.C.BHANUWRIT PETITION NO: 24199 of 2004
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Heard both sides.
2. Smt.R.Raghamma, the learned Additional Standing Counselappearing for the respondents, opposed the writ petition on theground that the petitioner has already filed an appeal before the 1[st]respondent-Inspector General of Police, Hyderabad and the saidappeal is said to be pending.
3. As seen from the record, it is made clear that the petitionerhas filed an appeal before the 1[st] respondent and the same ispending. But, the petitioner, Instead of pursuing his remedies at the1[st] respondent, filed the present writ petition. With regard to the sameissue, involved in the appeal as well as in the writ petition, two proceedings cannot be entertained.
4. Therefore, the writ petition is disposed of with a direction tothe 1[st] respondent to pass appropriate orders on the said appeal filedby the petitioner within a period of two weeks from the date of receiptof a copy of this order. There shall be no order as to costs.
Kvr
___________________
December 27, 2004
TO
1. The Inspector General of PoliceSouthern Sector, Central ReservePolice Force, Banjara Hills Hyderabad.
2 The Commandant, 5th Battalion,
Central Reserve Police Force, Padmarao Nagar, Secunderabad.
3 Two C.D. Copies.