::1:: APHC010036212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2323/2026 Between: 1. MADIKI VENKATA RAMANA,, S/O SUBBA RAO, AGED ABOUT 36 YEARS, OCC SUB-INSPECTOR OF POLICE, PRESENTLY ATTACHED TO IMMIGRATION WING, GANNAVARAM AIRPORT, KRISHNA DISTRICT, R/O 1-2-4, KONDAYAPETA, PEDAPURAM, E.G( KAKINADA) DISTRICT-533437. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (SC.A) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR-522237. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT-522503. 3. THE INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU- 534007. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU-534007. 5. THE DIRECTOR GENERAL ANTICORRUPTION BUREAU, ANDHRA PRADESH,VIJAYAWADA-520013. 6. THE INSPECTOR OF POLICE, ACB., RAJAHMAHENDRAVARAM RANGE, RAJAHMAHENDRAVARAM,E.G.DISTRICT, 533103. ::2:: This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents IN issuing G.O.MS.NO. 39 dated 05-03-2025 and in pursuance of the same the respondent no.3 in framing articles of charge dated 13-10-2025 and consequential Memo vide Memo No.02/P1(B)/2024 dated 20.12.2025 to initiating enquiry against the petitioner, as illegal, arbitrary, and violative of Articles 14, 21 and 311(2) of the Constitution of India, the principles of natural justice, and the settled law laid down by the Hon'ble Supreme Court and this Hon'ble Court, and quash them, and consequently to direct the 3rd respondent not to proceed with the departmental enquiry in pursuance of the said G.O.ms. 39 and Articles of Charge dated 13.10.2025 and consequential Memo vide Memo No.02/P1(B)/2024 dated 20.12.2025 to initiating enquiry against the petitioner, till the conclusion of the criminal proceedings in Cr.No.01/RCT- RJ/2024 of ACB, Rajamahendravaram Range, Rajamahendravaram, presently pending before the Special Judge for ACB Cases, Rajamahendravaram, and pass such….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondent Nos. 1 to 6. 3. The present writ petition is filed seeking a direction to the 3rd respondent not to proceed with the departmental enquiry initiated pursuant to G.O.Ms.No.39 and the Articles of Charge dated 13.10.2025, ::3:: as well as the consequential Memo No.02/P1(B)/2024 dated 20.12.2025, till the conclusion of the criminal proceedings in Crime No.01/RCT- RJ/2024 of ACB, Rajamahendravaram Range, which is presently pending before the Court of the Special Judge for ACB Cases, Rajamahendravaram. 4. The learned counsel for the petitioner submits that, in similar circumstances, this Court, in W.P. No.26567 of 2026, by order dated 04.11.2025, disposed of the writ petition by staying the departmental proceedings, and therefore, on the principle of parity, the petitioner is also entitled to similar relief. 5. Considering the submissions made and upon perusal of the material available on record, this Court is of the considered view that the allegations, witnesses, and documents involved in both the departmental proceedings and the criminal case are identical. In such circumstances, as held by the Hon’ble Supreme Court in State Bank of India and others v. Neelam Nag and another, it would be appropriate to stay the departmental enquiry to avoid prejudice to the petitioner. Accordingly, the departmental proceedings initiated against the petitioner shall remain stayed for a limited period of one year. The trial Court is also directed to expedite the trial of the criminal case. ::4:: 6. Accordingly, the writ petition is disposed of with the following directions: i) The departmental proceedings initiated against the petitioner shall remain stayed for a period of one (01) year. ii) The Special Judge for ACB cases, Rajamahendravaram, shall endeavour to complete the trial in criminal proceedings in Cr.No.01/RCT- RJ/2024 as expeditiously as possible, preferably within one (01) year from the date of receipt of this order. iii) The petitioner shall fully cooperate for early conclusion of the criminal trial. In the event the petitioner is found to be delaying or evading the process of the Court, the disciplinary authority shall be at liberty to proceed with the departmental enquiry notwithstanding the stay. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:29.01.2026 klk ::5:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.2323 of 2026 Dt:29.01.2026 klk 119