Extracted from the PDF above. The PDF is authoritative.
APHC010323122025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16569/2025 Between:
1. BOYA UDAYA BHANUDU, S/O. JEEVUDU, AGED ABOUT 41 YEARS, PRESENTLY R/O. H.NO. 2-972, 2ND FLOOR, SBI POSTAL COLONY, KONGAREDDYPALLI, CHITTOOR. ...PETITIONER AND
1. UNION OF INDIA, , REP BY THE GENERAL MANAGER, RAIL NILAYAM, 3RD FLOOR, SOUTH CENTRAL RAILWAY, SECUNDERABAD, HYDERABAD. 2. THE SENIOR DIVISIONAL ENGINEER, SOUTH CENTRAL RAILWAY, CO-ORDINATION, GUNTAKAL, DRM OFFICE COMPOUND, GUNTAKAL. 3. THE ASSISTANT DIVISIONAL ENGINEER, SOUTH CENTRAL RAILWAY, RENIGUNTA, CHITTOOR DISTRICT. 4. SENIOR DIVISIONAL PERSONAL OFFICER, SOUTH CENTRAL RAILWAY, DRM OFFICE COMPOUND, GUNTAKAL DIVISION, KURNOOL DISTRICT. 5. ADDITIONAL DIVISIONAL RAILWAY MANAGER, SOUTH CENTRAL RAILWAY, DRM OFFICE COMPOUND, GUNTAKAL DIVISION, GUNTAKAL, KURNOOL DISTRICT. ...RESPONDENT(S):
2 HCGR,J W.P.No.16569 of 2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in proceeding with departmental enquiry vide NO.G/W/535/DAR/LOK/WWIV dated 27.02.2023 pending trail in CC No.179 of 2022 on the file Special Judicial First Class Magistrate, Railways Gunthakal based on the same facts as illegal, arbitrary and contrary to the principles laid down by the Apex Court that departmental enquiry is to be stayed pending trail of criminal case arising out of same facts, and consequently set-aside the departmental proceedings mentioned above till the trial of the above mentioned criminal case in the interest of justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the departmental enquiry vide memorandum. NO.G/W/535/DAR/LOK/WWIV dated 27.02.2023 pending trial in CC No. 179 of 2022 on the file of Special Judicial First Class Magistrate, Railways Gunthakalpending the writ Petition and pass Counsel for the Petitioner:
1. RAJA REDDY KONETI Counsel for the Respondent(S):
1.
3 HCGR,J W.P.No.16569 of 2025 The Court made the following Order:
Petitioner being employee of South Central Railway, which is part of Government of India, assails continuation of disciplinary proceedings vide memo dated 27.02.2023, despite pendency of criminal case vide C.C.No.179 of 2022 on the file of learned Special Judicial Magistrate of First Class, Railways, Guntakal. 2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and Sri B.Hanumanth Rao, learned Standing Counsel for respondents. 3. Learned counsel for the petitioner after arguing for sometime sought liberty to avail alternative remedy of approaching Tribunal. 4. In view of above submission, the Writ Petition is disposed of, granting liberty to petitioner to approach the Tribunal. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN
Date: 08.07.2025 KBN