::1:: APHC010040502026 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: 2382/2026 Between: 1. DURGASI VINOD KUMAR,, S/O DURGASI RAMU, AGED ABOUT 36 YEARS, D.NO.6-25, VODDI PETA, KOTHAVALASA, VIZIANAGARAM, ANDHRA PRADESH, PIN NO.535183 PRESENTLY RESIDING AT FLAT NO. G3, SANNIDHI NIRMAN APARTMENT, PRATHURU ROAD, TADEPALLI GUNTUR DISTRICT, PINCODE 522303 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, 522238 2. INSPECTOR GENERAL OF POLICE, SOUTH COASTAL ZONE, GUNTUR RANGE, 0PP.BHARATIYA VIDYA BHAVAN, AKULAVARITHOTA, NAGARAPALEM, GUNTUR ANDHRA PRADESH- 522004 3. SUPERINTENDENT OF POLICEURBAN, DISTRICT POLICE OFFICE. COLLECTOR OFFICE ROAD, ANKAMMA NAGAR, GUNTUR, ANDHRA PRADESH-522004 4. MANAGER, RANGE OFFICE,IG OFFICE SOUTH COASTAL ZONE, GUNTUR RANGE, 0PP.BHARATIYA VIDYA BHAVAN, AKULAVARITHOTA, NAGARAPALEM, GUNTUR ANDHRA PRADESH- 522004 ::2:: This Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “pleased to issue an order direction or writ more particularly in the nature of mandamus that the Petitioner aggrieved by the action of the Respondents in initiating the departmental Inquiry and proceeding with the Inquiry proceedings through the Inquiry Officer to conduct the Inquiry into the departmental proceedings vide Charge Memo C.NO.14/PR/2025 dated 7/07/2025 and proceeding with the Inquiry of the departmental proceedings in spite of pendency of the criminal case in Charge sheet No. 1050/2025 on the file of Special Judicial Magistrate of First Class(Mobile) for Trail of Cases Under PCR Act cum Second Additional Civil Judge Junior Division At Vizianagaram, on the same set of identical charges as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14 and 21 of the Constitution of India and direct the Respondents not to conduct the departmental Inquiry and proceedings till the conclusion of the criminal proceedings pending against the Petitioner and to pass such….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home Department appearing for the respondent Nos.1 to 3. 3. The writ petition is filed aggrieved by action of the respondents in initiating departmental proceedings and conducting a departmental enquiry through the Inquiry Officer vide Charge Memo C.No.14/PR/2025 dated 07.07.2025, and in proceeding with the said enquiry despite the ::3:: pendency of the criminal case arising out of the same set of identical allegations, which is now pending as Charge Sheet No.1050 of 2025 on the file of the Court of the Special Judicial Magistrate of First Class (Mobile) for Trial of Cases under the PCR Act-cum-Second Additional Civil Judge (Junior Division), Vizianagaram. 4. The Petitioner is working as an Inspector of Police in the respondent department. On the basis of a complaint lodged by his wife, Smt. Durgasi Lakshmi of Penadam Village, Gantyada Mandal, Vizianagaram District, Crime No.33 of 2025 was registered under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the Petitioner and his family members, which was subsequently charge- sheeted as Charge Sheet No.1050 of 2025 and is presently pending trial before the competent criminal court. During the pendency of the said criminal case, the Petitioner was placed under suspension and was issued Charge Memo C.No.14/PR/2025 dated 07.07.2025. Though he was later reinstated into service, departmental proceedings were initiated by appointing an Inquiry Officer. The articles of charge, witnesses, documents, and evidence in the departmental proceedings are identical to those in the criminal case. The Petitioner requested the respondents to keep the departmental proceedings in abeyance on the ground that both ::4:: proceedings arise out of the same facts and evidence and that continuation of parallel proceedings would cause grave prejudice, miscarriage of justice, and serious impairment of his defence in the criminal trial. However, the respondents failed to consider the said request. 5. The learned Assistant Government Pleader fairly does not dispute that the evidence in both the departmental proceedings and the criminal case is substantially the same. 6. This Court has examined the charge sheet and the departmental enquiry papers. It is evident that the allegations, witnesses, and documents in both proceedings are identical. In such circumstances, as held by the Hon’ble Supreme Court in State Bank of India and others v. Neelam Nag and another1, the departmental enquiry may be stayed to avoid prejudice for a limited period of one year. The Sessions Court is also directed to expedite the trial. 7. 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. ::5:: ii) The Special Judicial Magistrate of First Class(Mobile) for Trail of Cases Under PCR Act cum Second Additional Civil Judge Junior Division At Vizianagaram shall endeavour to complete the trial in C.C.No.1050 of 2025 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 ::6:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.2382 of 2026 Dt:29.01.2026 klk 191