APHC010090762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5466/2026 Between: 1. SRI DUDUKU RAMAKRISHNA,, S/O LATE APPARAO, AGED ABOUT 38 YEARS, SUB- INSPECTOR OF POLICE, R/O D.NO 2-56 GORANTLA VILLAGE, SATTENAPALLI MANDAL, PALANADU DISTRICT PIN 522410. ...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 DIRECTOR GENERAL, ANTI-CORRUPTION BUREAU, ANDHRA PRADESH,VIJAYAWADA-520013. 4. THE INSPECTOR GENERAL OF POLICE, , SOUTH COASTAL ZONE, GUNTUR RANGE, GUNTUR.522002 5. THE SUPERINTENDENT OF POLICE, , GUNTUR DISTRICT 522002 THE DEPUTY SUPERINTENDENT OF POLICE, ACB., ONGOLE RANGE, ONGOLE.523002 ...RESPONDENT(S): 2 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing G.O.Ms.No.13, Home (SC.A) Department, dated 06.02.2025 granting sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988 against the petitioner in Cr.No.01/RCT-OGL/2024 registered by the Anti- Corruption Bureau, Ongole, and in pursuance thereof the 3rd respondent framing Articles of Charge vide C.No.32/PR/2025 dated 04.09.2025 and serving the same upon the petitioner vide Memo dated 04.10.2025 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 the same, and consequently to direct the 3rd respondent not to proceed with the departmental enquiry in pursuance of the said G.O.Ms.No.13 dated 06.02.2025 and Articles of Charge dated 04.09.2025 and Memo dated 04.10.2025 till the conclusion of the criminal proceedings in Cr.No.01/RCT- OGL/2024 of ACB, Ongole, presently pending before the Special Judge for SPE and ACB Cases, Nellore, and pass such 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 may be pleased to direct the 3rd respondent not to proceed with the departmental enquiry in pursuance of the said G.O.Ms.No.13 dated 06.02.2025 and Articles of Charge dated 04.09.2025 and Memo dated 04.10.2025 till the conclusion of the criminal proceedings in Cr.No.01/RCT-OGL/2024 of ACB, Ongole, presently pending before the Special Judge for SPE & ACB Cases, Nellore, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 3 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2. GP FOR SERVICES I The 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.13 Home (SC-A) Department dated 06.02.2025 granting sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988 against the petitioner in Cr.No.1/RCT-OGL/2024 registered by the ACB, Ongole and in pursuance thereof the 3rd respondent framing Articles of Charge vide C.No.32/PR/2025 dated 04.09.2025 and serving the same upon the petitioner vide Memo dated 04.10.2025 as illegal, arbitrary and violative of Articles 14,21 and 311(2) of the Constitution of India and pass such….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. 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.13 and the Articles of Charge dated 4 04.09.2025, till the conclusion of the criminal proceedings in Crime No.01/RCT-OGL/2024 of ACB, Ongole, which is presently pending before the Court of the Special Judge for ACB Cases, Nellore. 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. 6. Accordingly, the writ petition is disposed of with the following directions: 5 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, Nellore shall endeavour to complete the trial in criminal proceedings in Cr.No.01/RCT- OGL/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 Date:25.02.2026 Gk 6 THE HONOURABLE SRI JUSTICE D RAMESH 51 WRIT PETITION NO: 5466/2026 Date:25.02.2026 Gk.