HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HONOURABLE SRI JUSTICE K.G. SHANKAR WRIT PETITION No.1207 OF 2003 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed seeking a Writ of Certiorari, calling for the records pertaining to O.A. No.6761 of 1996 and to set aside the order, dated 29-08-2002, passed therein by the Andhra Pradesh Administrative Tribunal, wherein the order of dismissal passed by the 1st respondent – Deputy Inspector General of Police, Karimnagar Range, Karimnagar District, was confirmed and consequently direct the respondents to reinstate the petitioner and to pay the salary and other allowances, which the petitioner is entitled. 2. The brief facts are that the petitioner was appointed as a Police Constable in the year 1989 and working at Indravelly Police Station. On 21-03-1994, he was posted on sentry duty in the night hour, even though the petitioner requested to give rest to him, as he was not feeling well. Thereafter, the petitioner was placed under suspension by the 2nd respondent vide proceedings No.PR/90/94, dated 31-08-1994, on the allegation that while performing the guard duty in the night of 21-03-1994, he found sleeping and on questioning by the Assistant Sub-Inspector, he replied in most insubordinate and defiant manner. Then, the 2nd respondent issued Memo of Charges to the petitioner. The following charge was framed against the petitioner: “On 22.03.1994 at about 0200 hours the said PC had exhibited gross neglect of duty, misconduct and in- subordination, failure to challenge the checking officer Sri K.Madhu, ASI of P.S. Indervelly, sleeping while performing guard duty, using defiant and callous wards against ASI and refusing to perform sentry duty while working at PS.” 3. The Deputy Superintendent of Police, Adilablad was appointed as an Enquiry Officer, who enquired into the matter and submitted a report and consequently a show cause notice was issued to the petitioner and the petitioner submitted a detailed explanation but the same was not considered by the Disciplinary Authority i.e. the 2nd respondent and dismissed the petitioner from service. The petitioner filed an appeal before the 1st respondent against the order of dismissal, but the same was rejected by the 1st respondent. Aggrieved thereby, the petitioner filed O.A. No.6761 of 1996 before the A.P. Administrative Tribunal, Hyderabad. 4. After hearing the counsel for both sides and after perusing the material available on record, the Tribunal dismissed the O.A. by observing that as the guard duty is the prime duty for the police personnel, it cannot be said that the punishment of dismissal of service inflicted upon the applicant is not proportionate to the mis-conduct committed by the applicant. Aggrieved by the dismissal order of the Tribunal, this writ petition is filed. 5. Heard both sides. 6. During the pendency of the writ petition, the petitioner died. His wife and children were brought on record as his legal heirs by an order passed by this Court on 16-06-2011 in WPMP No.3797 of 2011. 7. A perusal of the record discloses that the charge against the petitioner was proved during the enquiry and he was dismissed from service. Admittedly, the petitioner died during the pendency of the writ petition. Even though he committed a grave mis-conduct, while he was in guard duty, it is a fact that he is no more, and his family members are surviving. Therefore, taking into consideration of the welfare of the family members of the petitioner, it is just and proper to modify the order of dismissal of the petitioner to that of compulsory retirement, so as to enable the family members of the petitioner to get some of the benefits as per the service conditions of compulsory retirement. 8. Hence, the Writ Petition is disposed of setting aside order, dated 29-08-2002 in O.A. No.6761 of 1996 passed by the A.P. Administrative Tribunal, Hyderabad, and modifying the order of dismissal, dated 09-054-1996, passed by the 2nd respondent against the petitioner, to that of compulsory retirement. There shall be no order as to costs. ___________________ GHULAM MOHAMMED, J June 23, 2011. __________________ K.G. SHANKAR, J KTL