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2026 DAILYLAW 12414 (AP)

KEMBURU RAM MOHAN v. THE STATE OF ANDHRA PRADESH

WP/24905/2026 · 2026-09-29

Nyapathy Vijay

body2026

Judgment text

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APHC010458662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24905 OF 2026 Between: 1. KEMBURU RAM MOHAN, S/o. Sudhakar Rao, Aged 32 years, Reserve Sub-Inspector of Police, City Armed Reserve (CAR), Visakhapatnam City, Permanent R/o. H.No.1-60, Pedda Veedhi, Devudala - 532440, Srikakulam District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep., by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravati, Guntur District- 522238. 2. The Director General of Police, Police Head Quarters, Andhra Pradesh at Mangalagiri-522503. 3. The Deputy Inspector General of Police, Visakha Range (VR), Visakhapatnam-530026. 4. The Commissioner of Police and Additional District Magistrate, Visakhapatnam City-530026. 5. The Additional Deputy Commissioner of Police Admn cum Disciplinary/Inquiry Authority, Visakhapatnam City-530026. 6. The Additional Deputy Commissioner of Police, City Armed Reserve (CAR), Visakhapatnam City- 530026. ...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 declaring the inaction on the part of the respondents in not considering the representation dated 01.07.2026 submitted by the petitioner to the 2nd respondent duly serving copy to the 4th respondent in respect of stay or keep in abeyance of the Departmental/Disciplinary Proceedings/Inquiry initiated against the petitioner vide C.No.5/PR/2026 pending before the respondent No. 5 /Disciplinary/Inquiry Authority, basing on the pending criminal case against the petitioner in FIR No.19 of 2025 of ll Town Police Station, Visakhapatnam City, for the alleged offences under Section 323 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Act, which was registered at the instance of the wife of the petitioner through her close friend and continuing the Departmental/Disciplinary Proceedings/Inquiry though the pending criminal case is not in respect of involving moral turpitude, nothing to do with discharge of legitimate duties and not in dereliction of duties of the petitioner, as illegal, arbitrary, mala fide and violation of principles of Natural Justice and Constitutional Guarantees and consequently direct the respondents not to proceed with the Departmental/Disciplinary Proceedings/Inquiry initiated against the petitioner vide C.No.5/PR/2026 pending criminal case, in the interest of justice IA NO: 1 OF 2026 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 pass an interim direction against the respondents not to proceed with the Departmental/Disciplinary Proceedings/Inquiry initiated against the petitioner vide C.No.5/PR/2026 pending before the respondent No. 5 /Disciplinary/ Inquiry Authority, during the pendency of the Writ Petition, in the interest of justice Counsel for the Petitioner: K JYOTHI PRASAD Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No. 24905 of 2026 O R D E R: This writ petition is filed declaring the action of the Respondents in not considering the representation dated 01.07.2026 of the Petitioner on the ground of pending criminal case in FIR No.19 of 2025 of II Town Police Station, Visakhapatnam, registered for the offences under Sections 323 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Act as illegal and arbitrary. 2. Learned counsel for the Respondents submits that departmental enquiry was concluded and penalty of withholding of increments of pay for three (3) years with cumulative effect by duly treating the suspension period from 30.03.2026 to 04.06.2026 as not on duty vide proceedings dated 26.09.2026 and the proceedings were served on the Petitioner on 26.09.2026 itself. In view of the same, no further orders need to be passed in the writ petition. 3. Recording the said submission, the writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.09.2026 KLP/VSR