t IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25591 OF 2024 Between: Konala Lakshmana Reddy, S/o.Bapireddy, aged 44 years, Inspector of Police u/s, 0/o.Dy. Inspector General of Police, Eluru Range, Shantinagar, ELURU. R/o.D.No.7-140, Ramu Doctor Street, Dharanikota, ANAPARTHI- 533342 East Godavari District. Aadhaar No. 4659 2225 6252 Mobile No. 96188 81666 E-Mail ID. Iaxman6236@amail.com - ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Home, Government of A.P., 2"'^ Block, Ground Floor, Room No. 185, A.P Secretariat Office, Velagapudi Phone. 0863- 2442380, Fax: 0863-2442378, Email. prlsecy_home@ap.gov.in 2. The Director General of Police, Government of A.P., O/o. The Director General of Police Mangalagiri Guntur District E-Mail ID: dgp@appolice.aov.in 3. The Inspector General of Police, (DIG, Eluru Range), Eluru Range, Eluru. 4. The Superintendent of Police, East Godavari District, Rajamahendravaram. 5. The Superintendent of Police, Eluru District, Eluru 6. The Superintendent of Police, Kakinada District, Kakinada 7. The Dy. Superintendent of Police, Kakinada Sub-Division, Kakinada District, Kakinada. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ may or Direction or Order, more particularly one in the nature of Writ of Mandamus, declaring that the action of the Respondents, particularly, the Respondent No.3 Inspector General of Police, Eluru, in Eluru Range, passing Impugned Order, dt.16/10/2024 vide C.No.37/OE- PR/2024, appointing Sri Vikrant Patil IPS, Superintendent of Police Kakinada as inquiry Authority, consequent Order, dt.16/10/2024 Sub Divisional Police Officer, Kakinada appointing as Presenting Officer, consequent 24/P1/2023/C.NO.37/OE-PR/2024, directing me to co-operate with the Enquiry Officer in conducting orai enquiry, despite the pendency of criminal prosecution in case Memorandum, dt.16/10/2024 vide on same set of facts in Crime No.315/2023 of Bommuru Police Station, dt.30/09/2023, U/s.417, 506, 509, 354a of IPC, Sec.67A of IT Act, Sec.3(2)(va) SCs, STs (POA) Act (Ex.P17) are illegal, capricious, arbitrary, violative of Order 179(2) of A.P.Police Manual, Judgment passed by the Hon’ble Supreme India in Captain M Paul Anthony Vs Bharath Court of APCCA Rules, A.P.State 1991, canons Police Complaint Authority Rules, 2022, APCS(CC&A) Rules of natural justice. Art. 14 and 21 of Constitution of aside the Impugned Order passed by Respondent No.3-lnspector General Police, Eluru Range, Eluru, dt.16/10/2024 India and thereby set of vide C.NO.37/OE-PR/2024, Kakinada as appointing Sri Vikrant Patil IPS, Superintendent of Police Inquiry Authority, consequent Order, dt.16/10/2024 appointing Sub as Presenting Officer, consequent Divisional Police Officer, Kakinada Memorandum dt.16/10/2024 vide 24/P1/2023/C.NO.37/OE-PR/2024, directing me to co-operate with the Enquiry Officer in conducting orai enquiry, in the interest of justice. (Main Prayer amended/substituted vide lA No.1 of 2025 in W.P.No.25591 of 2024) as per Court Order dated 30.01.2025 lA NO: 1 OF 2024 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 pass Interim Direction suspending the operation of the Impugned Order, dt.16/10/2024 vide C.NO.37/OE-PR/2024, appointing Sri Vikrant Patil IPS, Superintendent of Police, Kakinada as inquiry Authority, consequent Order, dt.16/10/2024, appointing Sub Divisional Police Officer, Kakinada Presenting Officer, consequent Memorandum, dt.16/10/2024 as vide 24/P1/2023/C.NO.37/OE-PR/2024, directing me to co-operate with the Enquiry Officer in conducting oral enquiry, despite the pendency of criminal prosecution on same set of facts in case in Crime No.315/2023 of Bommuru Police Station, dt.30/09/2023, U/s.417, 506, 509, 354a of IPC, Sec.67A of IT Act, Sec.3(2)(va) SCs, STs (POA) Act (Ex.P17), pending disposal of the main Writ Petition, in the interest of justice. (Interim Prayer amended/substituted as per Court Order dated 30.01.2025 vide lA No.1 of 2025 in W.P.No.25591 of 2024) lA NO: 2 OF 2024 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 pass Interim Direction to the Respondent No.3-lnspector General of Police, Eluru Range, Eluru, to pass appropriate Orders, according to Law, on merits, on my Petitions, dt. 12/03/2024, 13/03/2024, 14/03/2024^ 14/03/2024 15/03/2024, 17/03/2024 and 30/07/2024, pending disposal of the Writ Petition, in the interest of justice. lA NO: 3 OF 2024 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 pass Interim Direction, directing the Respondents No.1, 2 and 3 to revoke the Order of Suspension, dt.03/07/2023, by paying all the salary r.f/ '■ dues, forthwith and thereby, comply with the Order passed by this Hon’ble Court in Writ Petition No. 17657/2024 G.O.Ms.No.22 -General Administration (SER-C) Department, dt.29/02/2024 restricting the outer limit of suspension of Government Servant for dt. 10/09/2024, in terms of one year, as 15 months have elapsed, pending disposal of the main Writ Petition, in the interest of justice. lA NO: 2 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.3 (I.G of Police, Eluru Range, Eluru) and Respondent No.6 (SP, Kakinada District, permission to the Petitioner, to engage an experience lawyer, to defence the Petitioner, before Kakinada) to accord commencing the Oral Enquiry (C.No.37/OE-PR/2024) pending disposal of the Main Writ Petition, in the interest of justice. lA NO: 3 OF 202.*^ Petition under Section 151 CPC praying that in the circumstances may be (I.G of stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondents, particularly, the Respondent No.3 Police, Eluru Range, Eluru) and Respondent No.6 (SP, Kakinada District Kakinada) to serve all the Material Documents, ii.e., (1) SFSL Report of Authentication; of Witnesses regarding Pendrive and CD, along with Certificate U/S.65B of Indian Evidence Act, (2) Copies of the Statements recorded by Preliminary Enquiry Officer-cum-Addl.SP endorsement, viz., (LW1) Sri P.Jagadeesh, IPS. with her due Superintendent of Police, East Godavari District, Rajamahendravaram Superintendent LW2)Smt.M.Rajini Additional Godavari of Police (L&O) District, (LW4) Sri Saripalli Snehith East Rajamahendravaram, (LW3) Smt.P.Lalitha S/o.Srinu, Resident of Dharmavaram (V), Kovvur (M) of East Godavari District, (3) Call Data and Whatsapp Chattings referred to, along with Certificate of Authentication, U/S.65B of Indian Evidence Act, (4) Copies of the Letters exchanged between Preliminary Enquiry Officer and Nodal Officers of Mobile Networks, (5) Call details and audio recordings, photographs, along with Certificate of Authentication, U/S.65B of Indian Evidence Act, (6) Digital Documents, along with Certificate Authentication, U/S.65B of Indian Evidence Act, to Petitioner, before commencing Oral Enquiry, pending disposal of the Writ Petition. of Counsel for the Petitioner: SRI G. RONALD RAJU Counsel for the Respondent Nos.1 to 7: GP FOR SERVICES I The Court made the following: ORDER APHC010489862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT‘ THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25591/2024 Between: Konala Lakshmana Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G RONALD RAJU Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following ORDER: Heard Ms.M. G. Amulya, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services, for the respondents. 2. The petitioner, Inspector of Police, filed the above writ petition to declare the action of the respondents in proceeding with inquiry in disciplinary proceedings in pursuance of charge memo issued vide C.No.24/P 1/2023 dated 09.11.2023, pending criminal case vide crime No.315 of 2023 dated 30.09.2023, as illegal and arbitrary. — W.P.No.25591 of 20^ A case in crime No.315 of 2023, was registered by Bommuru Police Station, against the petitioner for the offences punishable under Sections 417, 506, 509, 354(a) of IPC & Section 67A of IT Act and Sections 3(2)(va) of SC & ST (POA) Act. 3. As seen from the contents of the complaint annexed to the FIR, the allegation against the petitioner is that he developed acquaintance with the complainant when she approached the petitioner, in the year 2019, with a grievance of marital disputes with her husband, developed illegal intimacy and maintained the relationship for four years. The petitioner and the complainant were blessed with one male child. Thereafter, the petitioner tortured the complainant and beat her indiscriminately, etc. Based on the said allegations, the above crime was registered. 4. On the same set of allegations, a charge memo vide C.No.24/P1/2023 dated 09.11.2023 was issued to the petitioner. 5. Learned counsel for the petitioner would submit that against FIR, the petitioner approached this Court and filed Crl.P.No.7727 of 2023 and an interim stay was granted on 07.10.2023 and the same is subsisting as of today. Learned counsel would further submit that in the disciplinary } proceedings, the Inquiry Officer was appointed vide proceedings in C.NO.37/OE-PR/2024 dated 16.10.2024 and the Presenting Officer was also appointed on the same day. The Inquiry Officer issued notice to the petitioner and is proceeding with the inquiry. In fact, the petitioner submitted a provisional explanation, dated 18.03.2024 (Ex.P4). Learned counsel would submit that if the petitioner discloses the defence, it would cause prejudice to the petitioner. 6. SRS,J W.P.No.25591 of 2024 3 of 6 /page % In Capt. Paul Anthony vs. Bharath Gold Mines Limited and Another^ wherein, the Hon’ble Apex Court at Para 22 observed as follows; 7. “22. The conclusions which are deducible from various decisions of this Court referred to above are Departmental proceedings an^ proceedings in a criminal case can proceed simultaneously as there is ‘no bar in their being conducted simultaneously, though separately. (i) If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case. (ii) Whether the nature of a charge in a criminal case is grave and whether complicated questions of fact and law are involved in that case, will depend upon the nature of offence, the nature of the case launched against the employee on the basis of evidence and material collected against him during investigation or as reflected in the charge-sheet. (iii) The factors mentioned at (ii) arjd (iii) above cannot be considered I in isolation to stay the departmental proceedings but due regard has to be given to the fact that the departmental proceedings cannot be unduly delayed. (iv) (V) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest.” 8. Learned Assistant Government Pleader for Services, on the other hand, would submit that there is no bar to proceed with the inquiry simultaneously and placed reliance upon the judgment of Secretary, Lucy Sequeira Trust ^ 1999(3)see 679 W.P.No.25591of and Another vs. Kailash Ramesh Tandel and Others^ wherein at Para No. 17, the Hon’ble Apex Court observed as follows; “17. It is well settled that a departmental proceeding and proceedings in a criminal court are completely different. The purpose is different, the standard of proof is different and the approach is also different. The initiation of the process in a departmental proceeding, specially on charges with which we are concerned in the present matter can never be said to be amounting to contempt of court even if the criminal proceedings were pending. The allegations made against Respondent 1 were of such level and dimension that an immediate action on the departmental front was required to be undertaken and such action by its very nature had to be completely independent. Whether any criminal trial was pending or not would not be having any bearing on the pending issue before the Inquiry Committee. We have, therefore, no hesitation in observing that the approach of the nominee of Respondent 1 and of the State Awardee Teacher was completely wrong and unsustainable.” In the case at hand, as seen from the charge memo issued vide ^ C.NO.24/P1/2023 dated 09.11.2023 and the contents of the criminal case registered against the petitioner, both the proceedings are initiated on the set , of same allegations. In departmental proceedings, after the appointment of an inquiry officer and presenting officer, a notice was issued to the petitioner, intending to proceed with the inquiry. If the disciplinary proceedings are allowed to continue, the petitioner needs to divulge his defence, which will cause prejudice to the petitioner. In State Bank of India and Others v. Neelam Nag and Anr^, 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. 9. 10. / ' 92019) 6 see 155 ^ (2016) 9 see 491 bKb,J W.P.No.25591 of 2024 5 of 6 'age State Bank of India’s this Court deems it appropriate to stay the departmental proceedings, for one year. directions of the Hon’ble Apex Court in 11. Given > case initiated against the Accordingly, the departmental proceedings 12. petitioner shall remain stayed for one year The prosecution shall take steps to proceed and complete the criminal proceedings in connection with crime No. 315 of 2023 on the file of Bommuru Police Station, East Godavari District registered against the petitioner, by moving the necessary application in criminal petition, as expeditiously, as possible. It is needless to shall cooperate during the inquiry/trial of the pending mention here the petitioner criminal case. above observations, the Writ Petition is disposed of at the with the consent of the learned counsel on 13. With the admission stage shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. either side. There SD/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFiCER To, The Principal Secretary, Department of Home, State of Andhra Pradesh, Government of A.P., 2 A.P Secretariat Office, Velagapudi, Phone. 0863-2442380, Fax: 0863- 2442378, Email. prlsecy_home@ap.gov.in 2. The Director General of Police, Government of A.P., O/o. The Director General of Police, Mangalagiri, Guntur District, E-Mail ID; dgp@appolice.aov.in 3. The Inspector General of Police, (DIG, Eluru Range), Eluru Range, Eluru. 4. The Superintendent of Police, East Godavari District, Rajamahendravaram. 5. The Superintendent of Police, Eluru District, Eluru 6. The Superintendent of Police, Kakinada District, Kakinada 1. Block, Ground Floor, Room No.185, nd f 7. The Dy. Superintendent of Police, Kakinada Sub-Division, Kakinada District, Kakinada. 8. One CC to Sri G. Ronald Raju, Advocate [OPUC] 9. Two CCs to GP for Services-1, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:06/02/2025 ORDER WP.No.25591 of 2024 * 2 1 FEB 2025 ^ . Current Section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS