Andhra Pradesh High Court - Amravati
K Narayana Rao vs The Superintendent Of Police on 11 November, 2024
RT'" IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction) a
MONDAY, THE ELEVENTH DAY OF NOVEMBER ^
TWO THOUSAND AND TWENTY FOUR f
PRESENT '
THE HONOURABLESRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 2348 OF 9n9A
Between:
K. Narayana Rao, S/o Govindarajulu, Aged about 60 years old, Occ AR
Head Constable-475, R/o D.No.4-66, Flat No.FF4, Sri Rama Krishna
Residency, Madhura Nagar, Kakinada East Godavari District, Andhra
Pradesh
...PETITIONER
AND
1. The Superintendent of Police, Kakinada District at Kakinada, Andhra
Pradesh.
2. The Deputy Superintendent of Police, (Inquiry Officer), DISHA, WPS,
Kakinada, Kakinada District.
3. The State of Andhra Pradesh, Represented by its Principal Secretary
Department of Home, Secretariat, Velagapudi, Amaravati Guntur
District.
...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, direction or order, more particularly
one
in the nature of Writ of Certiorari quashing the Departmental
proceedings against the Petitioner initiated by the Respondent No.1 in
C.NO.1207/A8/2020, Dated 24-10-2023, which are now being enquired into
by the 2 " Respondent as the same are void abinitio and without any
jurisdiction.
lA NO: 1 OF 2074
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to suspend all further Departmental proceedings initiated against
the Petitioner by the Respondent No.1 in C.No.1207/A8/2020, Dated; 24-10-
2023, which are
now being enquired into by the 2^^ Respondent
lA NO: 2 OF
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the petition, the High Court may be
pleased to receive the documents enclosed along with the Petition vide 1.
Community certificate
i
issued by the Tahsildar, Yellavaram date:
14.12.1982, 2. Income certificate issued
i by the Village Munisiff, date;
18.06.1977 3. Letter addressed by the Tahsildar, Addateegala Mandal, to
the Panchayat officer to cohduct Grama Sabha, date: 25.07.2023, 4.
Resolution of Gram Sabha Addateegala Village , Addateegala Mandal, Alluri
Seetaramaraju District (erstwhile East Godavari District) date; 14.08.2023.
Counsel for the Petitioner: SRI A. K. KISHORE REDDY
Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I
The Court made the following: ORDER
APHC010039922024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction) '
MONDAY, THE ELEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 2348/2024
Between:
1.K NARAYANA RAO, S/0 GOVINDARAJULU, AGED ABOUT 60
YEARS OLD, OCC AR HEAD CONSTABLE-475, R/0 D.NO.4-66,
■ FLAT NO.FF4, SRI RAMA KRISHNA RESIDENCY, MADHURA
NAGAR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA
PRADESH
...PETITIONER
AND
1.THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT
KAKINADA, ANDHRA PRADESH.
2.THE DEPUTY SUPERINTENDENT OF POLICE, , (INQUIRY
OFFICER), DISHA, WPS, KAKINADA, KAKINADA DISTRICT.
3.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY DEPARTMENT OF HOME,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
...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 an appropriate writ, direction or order, more particularly one
in the nature of Writ of Certiorari quashing the Departmental proceedings
against the Petitioner initiated by the Respondent No.I in C.No.l207/A8/2020,
Dated 24-10-2023, which are now being enquired into by the 2'^^ Respondent
as the same are void abinitio and without any jurisdiction and to pass
Page 2 of 5
lA NO: 1 OF 2024
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 to
suspend all further Departmental proceedings initiated against the Petitioner
by the Respondent No.I in C.No.l207/A8/2020, Dated; 24-10-2023, which are
now being enquired into by the 2NDRespondent and to pass
lA NO: 2 OF 2024
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 to
receive the documents enclosed along with the Petition vide 1. Community
certificate issued by the Tahsildar, Yellavaram, date; 14.12.1982, 2. Income
certificate issued by the Village Munisiff, date; 18.06.1977 3. Letter addressed
by the Tahsildar, Addateegala Mandal, to the Panchayat officer to conduct
Grama Sabha, date; 25.07.2023, 4. Resolution of Gram Sabha Addateegala
Village, Addateegala Mandal, Alluri Seetaramaraju District (erstwhile East
Godavari District) date; 14.08.2023 and pass
Counsel for the Petitioner:
1.AKKISHORE REDDY
Counsel for the Respondent(S):
1.GPFOR SERVICES I (AP)
The Court made the following:
ORDER
Heard Sri A.K.Kishore Reddy, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents.
2. Charge Memo vide C.No.1207/A8/2020 dated 24.10.2023 was issued to the petitioner stating that he exhibited gross misconduct and highly reprehensible conduct by way of cheating the Government by producing the bogus caste certificate of "Konda Kapu (ST)" community at the time of enlistment and got employment as police constable in the year 1985. Based upon the same allegations, a case in Crime No.44 of 2020 for the offences c Page 3 of 5 punishable under Sections 420,468, 471 of IPC on the file of II Town L&O PS, Kakinada, was registered. Police filed charge sheet ar^d the same was numbered as C.C.No.2333 of 2020 on the file of II Additional Judicial Magistrate of First Class, Kakinada for the offences punishable under Section 420, 468 and 471 of IPC. The substance of charge in the charge sheet and departmental proceedings is one and the same, Likewise, the listed of witnesses in charge sheet as well as departmental proceedings, are also one and the same.
3. Learned counsel for the petitioner would submit that if the authorities proceeded with the departmental inquiry and the petitioner divulged defense, it would cause prejudice to the petitioner and placed reliance upon the judgment of M.Paul Anthony Vs. Bharat Gold Mines Limited'', wherein at Para No.22, the Hon'ble Apex Court observed as follows:
"22. The conclusions which are deducible from various decisions of this Court referred to above are:
(i) Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously, though separately,
(ii) If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case,
(iii) Whether the nature of a charge in a criminal case is grave and whether complicated questions of fact and law are involved in that case, will depend upon the nature of offence, the nature of the case launched against the employee on the basis of evidence and material collected against.him during investigation or as reflected in the charge-sheet.
1999 (3) see 679 Page 4 of 5 be considered
(iv)The factors mentioned at (ii) and (iii) above cannot inisolation to stay the departmental proceedings but due regard has to be g-iven to the fact that the departmental proceedings cannot be unduly delayed.
is being unduly (V) It the criminal case does not proceed or its disposal if they were stayed on delayed, the departmental proceedings, even be resumed and account of the pendency of the criminal case, can proceeded with SO as to conclude them at an early date, so that if the and in case employee Is found not guilty his honour may be vindicated he is found guilty, the administration may get rid of him at the earliest.
4. Per contra, learned Assistant Government Pleader would submit that there is no bar to proceed with the inquiry simultaneously and placed reliance upon the judgment of Secretary Lucy Sequeira Trust and Another Vs. the Hon'ble Kailash Ramesh Tandel and Others^ wherein at para No.17, Apex Court observed as follows;
"17. It is well settled that a departmental proceeding and proceedings in a is different, the criminal court are completely different. The purpose standard of proof is different and the approach is also different. The initiation of the process in a departmental proceeding, specially on never be charges with which we are concerned in the present matter can if the criminal proceedings said to be amounting to contempt of court even were pending. The allegations made against Respondent 1 were of such level and dimension that an immediate action on the departmental front was required to be undertaken and such action by its very nature had to criminal trial was pending or not be completely independent. Whether any before the Inquiry would not be having any bearing on the pending issue the Committee. We have, therefore, no hesitation in observing that State Awardee approach of the, nominee of Respondent 1 and of the Teacher was completely wrong and unsustainable / ^(2019) 6 see 155 Page 5 of 5
5. In State Bank of India and Others Vs. Neelam Nag and Anr^, the Hon'ble Apex Court issued directions to the Sessions Court to complete the f Criminal Trial as expeditiously as possible, not later than one year from the date of the order.
6. Given directions of the Hon'ble Apex Court in State Bank of India's case, this Court deems it appropriate to stay the departmental proceedings, for one year.
7. Accordingly, the departmental proceedings initiated against the petitioner shall remain stayed for one year. The learned II Additional Judicial Magistrate of First Class, Kakinada shall complete the criminal trial in the above C.C.No.2333 of 2020 as expeditiously as possible, preferably \A/ithin a period of one (01) year, since the departmental proceedings initiated are stayed, pending disposal of the criminal case. It is needless to mention here the petitioner shall cooperate during the trial of the criminal case without asking for adjournments.
The petitioner shall file a copy of this order before the concerned trial Court for expeditious disposal of the criminal case.
If the petitioner fails to cooperate with the trial in the criminal case, the disciplinary authority shall take recourse to guideline (v) in Captain Paul Anthony's case.
8. 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.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
^ (2016) 9 see 491 (
SDI- K SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
SECT rOtfepFlCER
To,
1. The Superintendent of Police, Kakinada District at Kakinada, Andhra Pradesh.
2. The Deputy Superintendent of Police, (Inquiry Officer), DISHA, WPS, Kakinada, Kakinada District.
\
3. The Principal Secretary, Department of Home , State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
4. One CC to Sri A. K. Kishore Reddy, Advocate [OPUC]
5. Two CCs to GP for Services-1, High Court of Andhra Pradesh. [OUT]
6. Three CD Copies.
ssb • HIGH COURT DATED:11/11/2024 ORDER o' WP.No.2348 of 2024 S 2 2 NOV 2024 ^ Curreni $«cUon ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS