APHC010406792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ; (Special Original Jurisdiction) I MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20887 OF 2025 Between: Kallu Hari Prasad, S/o K Obaiah, aged about 51 years Occ ASI, R/oD.No.4- 194, Ward No.4, Vasavi Nagar Colony, Devangapalli, Panchayat, Jandrapeta, Chirala, Bapatia District AP. ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary Home Department, A P Secretariat, Velagapudi, Amaravathi Guntur District. The Inspector General of Police, South Coastal Zone, Guntur Range Guntur The Superintendent of Police, Bapatia District AP The Inspector of Police, D.S.B -1 officer of enquiry, Bapatia District A.P. 1. 2. 3. 4. ...Respondents 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the respondent No.4 being filed challenging the memo in C.No. 2771/A4/2022 dated 19.06.2025 and C.No. 1072/G1/2022/ ROO No. 869/2023, Dt. 09.08.2023 and C.No. 10/PR/2023, Dt. 02.06.2023 (Article of charges for Imposing Major Penality Under Rule 20 of A.P.C.S. (CC and A) Rules 1991 and Annexure - I enquiring to the serve the departmental proceedings against the petitioner who is involved in the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala for adjudication pending before the Hon'ble court u/s 420, 471, 477A, 506, 201 r/w IPC in Cr.No.208/2019 of Chirala I Town P.S which is illegal arbitrary unjust and unconstitutional and opposed to Principals of natural justice and Article 14, 19, 21(A) of the Constitution of India and consequently direct to the respondent No. 4 to stop the departmental enquiry or kept in abeyance until disposal of the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala lA 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 direct the respondent No.4 to stop the departmental enquiry or kept in abeyance until disposal of the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala pending disposal of the writ petition Counsel for the Petitioner: SRI APPA RAO NALLA Counsel for the Respondents No.1 to 4: GP FOR SERVICES I The Court made the following order: 0‘ APHC010406792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20887/2025 Between: 1.KALLU HARI PRASAD, S/O K OBAIAH AGED ABOUT 51 YEARS OCC ASI R/OD.NO.4-194, WARD N0.4, VASAVI NAGAR colony' DEVANGAPALLI, PANCHAYAT, JANDRAPETA, CHIRALA, BAPATLA DISTRICT, AR ...PETITIONER AND 1 .THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.R SECRETARIAT, VELAGAPUDI AMARAVATHI GUNTUR DISTRICT. 2.THE INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR RANGE GUNTUR 3.THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT AP 4.THE INSPECTOR OF POLICE, D.S.B -1 OFFICER OF ENQUIRY BAPATLA DISTRICT A.R ...RESPONDENT(S): 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to 2 declaring the action of the respondent No.4 being filed challenging the memo in C.No.2771/A4/2022 dated 19.06.2025 and C.No. 1072/G1/2022/ ROO No.869/2023, Dt.09.08.2023 and C.No. 10/PR/2023, Dt. 02.06.2023 (Article of charges for Imposing Major Penality Under Rule 20 of A.P.C.S. (CC and A) Rules 1991 and Annexure - I enquiring to the serve the departmental proceedings against the petitioner who is involved in the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala for adjudication pending before the Hon'ble court u/s 420, 471, 477A, 506, 201 r/w IPC in Cr.No.208/2019 of Chirala I Town PS which is illegal arbitrary unjust and unconstitutional and opposed to Principals of natural justice and Article 14, 19, 21(A) of the Constitution of India and consequently direct to the respondent No. 4 to stop the departmental enquiry or kept in abeyance until disposal of the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chiralaand pass such other order. lA 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 direct the respondent No.4 to stop the departmental enquiry or kept in abeyance until disposal of the CC No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala pending disposal of the writ petition and pass such other order. Counsel for the Petitioner: 1.APPARAO NALLA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: f HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20887 of 2025 ORDER: 1. The present Writ Petition is filed challenging the Memo in C.NO.2771/A4/2022, dated 19.06.2025 and C.No.1072/G1/2022/ROO No.869/2023, dated 09.08.2023 and C.No.10/PR/2023, dated 02.06.2023 (Article of Charges for imposing Major Penalty under Rule 20 of A.PC.S (CC & A) Rules, 1991) and Annexure-I on identical charges against the Petitioner in C.C.No.325 of 2022 on the file of Additional Junior Civil Judge, Chirala, Guntur District, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; The Petitioner is working as Assistant Sub-Inspector of Police, II Town P.S., Chirala. While so, departmental enquiry vide Memo in C.No,2771/A4/2022, dated 19.06.2025 was issued by appointing Respondent No.3 to conduct enquiry into an act of misconduct by the Petitioner. As per the Charge-Memorandum, the Petitioner had received an amount of Rs.4,50,000/- from complainant K. Tirumala Rao for providing job to his son and was also involved as accused No.2 (A.2) in Crime No.208 of 2019 registered for offence under Sections 420, 471, 2 V 477(A), 506 & 201 on Chirala I Town P.S., It is stated that for the very same charge, a criminal case was registered before Additional Junior Civil Judge, Chirala and the C.C.No.325 of 2022. It is stated that the evidence in both the proceedings is substantially similar and hence the present Writ Petition is filed seeking to stay the disciplinary enquiry. same was numbered as 3. The learned Assistant Government Pleader passed on the signed instructions dated 06.08.2025, wherein it is stated that the Petitioner is not entitled for any relief, as there is no illegality and violation of principles of natural justice in ordering departmental enquiry as the charges against the Petitioner are grave in nature. 4. In the case at hand, the departmental proceedings were initiated against the Petitioner based on his involvement in Crime No.208 of 2019 of Chirala I Town Police Station, which after filing of charge-sheet, presently now pending in C.C.No.325 of 2022 on the file of the Additional Junior Civil Judge, Chirala. The list of witnesses mentioned ■ in Annexure-IV and the list of witnesses in the charge-sheet are mostly similar. In the circumstances, if the disciplinary proceedings are allowed to continue, the Petitioner is required to divulge his defence and it will cause prejudice to the Petitioner. 3 In State Bank of India v. Neelam Nag\ the Hon’ble Apex Court issued directions to the Sessions Court to complete the criminal trial as expeditiously as possible not later than one year from the date of the order. In the light of the Judgment of the Hon’ble Apex Court in State Bank of India’s case, this Court deems it appropriate to stay the departmental proceedings, for one year. 5. 6. Accordingly, the departmental proceedings initiated against the Petitioner shall remain stayed for one year. The Additional Junior Civil Judge, Chirala, shall complete the trial in the above C.C.No.325 of 2022, as expeditiously as possible, preferably, within one (01) year, since the departmental proceedings initiated are stayed, pending disposal of the criminal case. It is needless to mention here that the Petitioner shall co-operate during the trial of the criminal case without asking for adjournments. 7. The Petitioner shall file a copy of this order before the concerned Court for expeditious disposal of the criminal case. 8. With the above observations, the Writ Petition is disposed of, at the admission stage. (2016)9 see 491 4 9. No order as to costs. 10. As a sequel, miscellaneous petitions pending if any, in this case shall stand closed. consideration, Sd/- NNAGAMMA ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Home Department A P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Inspector General of Police, South Coastal Guntur 3. The Superintendent of Police, Bapatia District AP 4. The Inspector of Police, D.S.B -1 officer of enquiry, Bapatia District A.P. 5. One CC to SRI APPA RAO NALLA Advocate [OPUC] 6. Two CCS to GP FOR SERVICES I High Court of Andhra 7. Two CD Copies Zone, Guntur Range Pradesh [OUT] gsg HIGH COURT DATED; 18/08/2025 ORDER WP NO. 20887 OF 2025 g H SEr 2025 . Current Section m DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS