THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.24758 OF 2010 O R D E R (Per the Hon’ble Sri Justice Ghulam Mohammed) Heard both the counsel. 2. The respondent no.1 in the writ petition was the applicant before the A. P. Administrative Tribunal. He was working as Home Guard in IV Town Police Station, Visakhapatnam City, Visakhapatnam. He along with other Home Guards, were issued show cause notices dated 16.2.2010 alleging that they conducted raid on a gambling team on 10.1.2010 at 8-30 p.m. on the back side of Durga Temple at Mulagada village, without informing the superior officers and took away Rs.35,900/- from the gamblers. The applicant submitted his explanation and not being satisfied with the same, the Commissioner of Police Visakhapatnam City, Visakhapatnam – 2nd respondent herein, passed the orders dated 2.3.2010 in Proceedings DO.No.149/2010 (C.No.259/H1/2010), removing the applicant from the rolls of Home Guards Organization of Visakhapatnam City. Aggrieved by the same, the applicant filed O.A.No.1383/2010 on the file of Andhra Pradesh Administrative Tribunal at Hyderabad and by order dated 10.3.2010, the Tribunal set aside the proceedings dated 2.3.2010 on the ground the applicant was removed without any enquiry and in violation of the principles of natural justice and gave liberty to the authorities to take appropriate action in accordance with law. Challenging the same, the Government filed the present writ petition. 3. Along with the 1st respondent – applicant, other Home Guards who were alleged to have participated in the raid and who were also issued with the show cause notice dated 16.2.2010 and were removed by proceedings dated 2.3.2010, filed O.A.Nos.1381 and 1391 of 2010 before the Tribunal and by common order dated 10.2.2010, the Tribunal disposed of the O.A. 4. In the connected writ petition in W.P.No.23637/2010 filed against the order dated 10.3.2010 passed by the Tribunal in O.A.No.1381/2010, the co-ordinate Division Bench of this court disposed of the writ petition by order dated 7.10.2010 with the following direction: “We have gone through the order impugned and the order passed by the first petitioner in removing the respondent from rolls of the Home Guards Organization. Even if the contention advanced by the learned Government Pleader that no Rules have been prescribed for the Home Guards, is accepted, it is fundamental that the principles of natural justice ought to have been followed and, as such, the contention advanced by the learned counsel for the first respondent that the respondent is entitled to examine and cross- examine the witnesses, deserves acceptance. The first respondent is also entitled to examine the complainant, who is said to have lodged the complaint before the Deputy Commissioner of Police. Not affording an opportunity to cross-examine him, has resulted in infringement of principles of natural justice. In that premise, the Tribunal has rightly set aside the order passed by the first respondent. Under the above circumstances, the petitioners are directed to reinstate the first respondent into service and such reinstatement shall, however, subject to the result of the enquiry that may be conducted against the petitioner. The enquiry so contemplated shall be completed within a period of six months from the date of receipt of a copy of this order.” 5. The present writ petition is also disposed of in terms of the above extracted portion of the order dated 7.10.2010 in W.P.No.23637/2010. No costs. 6. It is made clear that this order shall not be treated as precedent. --------------------------------------- GHULAM MOHAMMED, J ----------------------------------------- G.CHANDRAIAH,J Date:28.7.2011 AVS