1 APHC010080292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4541/2026 Between: 1. KAMMARA ESWARACHARI, S/O K. KRISHNAMURTHY AGED ABOUT 42 YEARS,OCC POLICE CONSTABLE R/O THIRUNALA AREA, VTC PEAPALLY, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATI.522237. 2. THE INQUIRY OFFICE CUM SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 518502 3. THE SUB DIVISIONAL POLICE OFFICER, DHONE, NANDYAL DISTRICT. 518222. 4. THE INSPECTOR OF POLICE, DHONE TOWN POLICE STATION NANDYAL DISTRICT. 518222. ...RESPONDENT(S): 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 a writ, order or direction more 2 particularly one in the nature of a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in proceeding with the departmental proceedings pursuant to the Memorandum of charges Vide C.No.A6/06- 0EPP/2025, dated 25.11.2025 despite pendency of criminal proceedings Vide C.C. No.113 of 2026, on the file of Hon'ble Judicial First Class Magistrate, Dhone, on the same set of allegations as illegal improper unjust and arbitrary and contrary to law settled by this Hon'ble Court and consequently direct the respondents not to proceed with the disciplinary proceedings till the conclusion of criminal proceedings and pass Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 4541 of 2026 ORDER: The present Writ Petition is filed for the following relief: …. to issue a writ, order or direction more particularly one in the nature of a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in proceeding with the departmental proceedings pursuant to the Memorandum of charges Vide C.No.A6/06-0EPP/2025, dated 25.11.2025 despite pendency of criminal proceedings Vide C.C. No.113 of 2026, on the file of Hon'ble Judicial First Class Magistrate, Dhone, on the same set of allegations as illegal improper unjust and arbitrary and contrary to law settled by this Hon'ble Court and consequently direct the respondents not to proceed with the disciplinary proceedings till the conclusion of criminal proceedings and pass order or orders…. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home Department representing the respondents. 3. Learned Counsel for the Writ Petitioner submits that this case is squarely covered by an Order passed by the learned Single Judge of this Court in W.P.No. 23270 of 2024 dated 16.10.2024. 4. Having perused the said Order passed by the learned Single Judge in W.P.No. 23270 of 2024 dated 16.10.2024, and the facts in the present case, this Court is of the view that the present case is 4 squarely covered by the said Common Order. The operative portion of the common order is extracted hereunder: “7. Given facts and circumstances, this Court deems it appropriate to stay the departmental proceedings, for one year. 8. Accordingly, the departmental proceedings initiated against the petitioner shall remain stayed for one year. The Learned III Addl. District & Sessions Judge-cum-Special Judge for ACD Cases, Visakhapatnam, shall complete the criminal trial in athe above C.C. As expeditiously as possible, preferably, within one (01) year, since the departmental proceedings initiated are stayed, pending disposal of the criminal case. The petitioner shall file a copy of this Order before the concerned Court for expeditious disposal of the criminal case. If the petitioner cooperates with the trial in the criminal case, the disciplinary authority shall take recourse to guideline (v) in Captain Paul Anthony’s case. 9. With the above observations, the Writ Petition is disposed of at the admission stage with the consent of both the counsels. There shall be no order as to costs.” 5. In view of the above extract, this case is also disposed of on the basis of the operative portion of the Order passed by the learned Single Judge in W.P.No. 23270 of 2024 dated 16.10.2024. 5 6. Registry is directed to attach the copy of the order in W.P.No. 23270 of 2024 dated 16.10.2024 to this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 17.02.2026 GK/JAK 6 96 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 4541 of 2026 Dated: 17.02.2026 GK/JAK