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2025 DIGILAW 834 (AP)

SK Khader Masthan, S/o. Hassan Saheb v. State of AP, rep. by its Principal Secretary to Government Home Department

2025-07-08

CHALLA GUNARANJAN

body2025
ORDER : CHALLA GUNARANJAN, J. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, Order or Direction, more particularly, one in the nature Writ of Mandamus declaring the action of the Respondents, more particularly Respondent No.4 herein in issuing reversion proceedings vide DO.No.716/2025, C.No.829/A1/2025, Dated 03.07.2025 to revert the Petitioners from the post of Assistant Sub Inspector of Police (Civil) to post of Head Constable (Civil) with immediate effect, is violation of the principles of natural justice, as being illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India, and consequentially set aside the impugned proceedings vide DC.No. 716/2025, C.NO.829/A1/2025, Dated: 03.07.2025 issued by the Respondent No.4 and pass such other relief or orders...” 2. Heard Sri N. Ahswani Kumar, learned counsel for petitioners and learned Government Pleader for Services-I for respondents. 3. Petitioners, who were all promoted as Assistant Sub-Inspectors on regular basis by proceedings dated 20.09.2024, are now sought to be revered back as Head Constables, by impugned proceedings dated 03.07.2025, ostensibly in order to implement the orders dated 21.01.2025 passed in W.P.No.31327 of 2024. 4. Learned counsel for petitioners submits that the impugned reversion orders have been passed without any prior notice and without providing due opportunity to the petitioners and that when ^he benefit of promotion is sought to be taken away, least expected was to put them on notice and, therefore, the impugned reversion orders are vitiated for violation of principles of natural justice. He also tries to address on merits of the matter. 5. On the other hand, learned Assistant Government Pleader has placed on record written instructions dated 08.07.2025 inter alia stating that in order to implement the orders dated 21.01.2025 passed in W.P.No.31327 of 2024, the respondents have undertaken the exercise of preparing the final seniority list of ASIs/Head Constables of erstwhile SPS Nellore District and thereafter, in order to accommodate the candidates who are entitled for promotion under the aforesaid list, the promotions of petitioners, who were effected earlier to the post of Assistant Sub-Inspectors, are now being reverted. 6. The written instructions, however, does not mention anything specific about petitioners being put on notice before the aforesaid exercise is undertaken. 7. 6. The written instructions, however, does not mention anything specific about petitioners being put on notice before the aforesaid exercise is undertaken. 7. Admittedly, petitioners were promoted as Assistant Sub-Inspectors on 20.09.2024 and now, by impugned proceedings, such promotions are taken back and petitioners are being reverted as Head Constables without prior notice and without affording them an opportunity of hearing. On this sole ground, the writ petition has to succeed. 8. Accordingly, the impugned proceedings dated 03.07.2025 is hereby set aside. The matter is remitted back to respondents with a direction to issue show-cause notice to petitioners and, after calling for their explanation and considering the same, to pass appropriate speaking orders strictly in accordance with law. The petitioners are at liberty to raise all contentions as are available to them, while submitting their explanation. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.