APHC010476402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26400/2026 Between: 1. KATTA VENKATAIAH, S/O VENKATA SWAMY, AGED ABOUT 47 YEARS, SUB- INSPECTOR OF POLICE, TRAFFIC POLICE STATION, NARASARAOPET, PALNADU DISTRICT, FORMERLY OF NALLAPADU POLICE STATION, GUNTUR DISTRICT, R/O BHAVANI NAGAR, 1ST LANE, M.G. INNER RING ROAD, PHASE-II, GUNTUR - 522007, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, .REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (SC.A) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT - 522503. 3. THE INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR RANGE, GUNTUR- 522007. 4. THE DIRECTOR GENERAL, ANTI-CORRUPTION BUREAU, ANDHRA PRADESH, VIJAYAWADA - 520013. 5. THE DEPUTY SUPERINTENDENT OF POLICE, ATTACHED TO SOUTH SUB-DIVISION, GUNTUR DISTRICT, CAMP OFFICE, SOUTH SUB-DIVISION, 2 VN, J W.P.No.26400 of 2026 GUNTUR - 522001. Counsel for the Petitioner: 1. BALU ANIL KUMAR PALLA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 VN, J W.P.No.26400 of 2026 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26400/2026 ORDER: This Writ Petition is filed declaring the action of the Respondent authorities in initiating parallel disciplinary proceedings against the Petitioner vide Memorandum of Charge in C.No.33/PR/2025, dated 04.09.2025, pending C.C.No.16 of 2025 before the Special Judge for SPE & ACB cases, as arbitrary and illegal. 2. The facts relevant to the purpose of this case are as under: The Petitioner is working as Sub-Inspector of Police, Traffic Police Station, Guntur. While so, a complaint was registered against the Petitioner in Cr.No.11/RCT-ACB- GNT/2023 under Section 7 of the Prevention of Corruption Act, 1988 (as amended by the Act 16 of 2018) by the Anti Corruption Bureau on the allegation that the Petitioner demanded and accepted a bribe of Rs.40,000/- from Vasantham Lakshmi Narayana on the pretext of not registering a case and doing an official favour. The Police, after investigation, filed a Charge Sheet before the jurisdictional Court, and the same was taken cognizance of vide C.C.No.16 of 2025 by the Special Judge for SPE & ACB cases, Vijayawada, which is pending trial. 4 VN, J W.P.No.26400 of 2026 3. Parallelly, the Respondent authorities initiated the Disciplinary Proceedings vide Proceedings dated 04.09.2025 on the same allegations mentioned in the criminal case and suspended the Petitioner. 4. Learned counsel for the Petitioner submits that the criminal case and the disciplinary case are with respect to the same incident and it will cause prejudice to the Petitioner. He placed reliance on the judgment of the Hon’ble Supreme Court in M. Paul Anthony v. Bharat Gold Mines Limited1. 5. Learned Assistant Government Pleader would submit that there is no bar to proceed with the enquiry simultaneously and placed reliance on the judgment of the Hon’ble Supreme Court in Secretary, Lucy Sequeira Trust and Another v. Kailash Ramesh Tandel and Others.2 6. Reasoning: The departmental proceedings were initiated against the Petitioner based on his involvement in Cr.No.11/RCT- ACB-GNT/2023 under Section 7 of the Prevention of Corruption Act, 1988 (as amended by the Act 16 of 2018). The list of witnesses mentioned in Annexures and the list of witnesses in the charge sheet are almost similar. The Hon’ble Supreme Court in State Bank of India and others v. Neelam Nag and 1 1999 (3) SCC 679 2 (2019) 6 SCC 155 5 VN, J W.P.No.26400 of 2026 another3, balancing the interest of department for expeditious conclusion of departmental enquiry as well as the prejudice of departmental enquiry on the criminal case affecting the delinquent, 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. 7. In view of the above, the Writ Petition is disposed of with the following directions: (i) The departmental proceedings initiated against the Petitioner vide Memorandum of Charge in C.No.33/PR//2025, dated 04.09.2025, shall remain stayed for a period of one year from today. (ii) The learned Special Judicial for SPE and ACB Cases, Vijayawada, shall complete the trail in C.C.No.16 of 2025 pending on its file, as expeditiously as possible, preferably within a period of one year considering the fact that the departmental proceedings are stayed, pending disposal of the criminal case. (iii) The Petitioner shall file a copy of this order before the concerned Court and shall co-operate for expeditious disposal of the criminal case. 3 (2016) 9 SCC 491 6 VN, J W.P.No.26400 of 2026 (iv) If the trial is not concluded within the period of one year, the departmental proceedings can be proceeded with. (v) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY,J Date: 17.09.2026 ANS