Srinivasulu vs The Union Of India

         HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                           AND
          HON'BLE Dr.JUSTICE SHAMEEM AKTHER

                   WRIT PETITION No. 6917 of 2021

ORDER: (per Hon'ble Sri Justice A.Rajasheker Reddy)

      This writ petition is filed against order dated 24.01.2020 passed in

MA.No.942/2019 in OA.No.197/2018 by the Central Administrative

Tribunal, Hyderabad and to set aside the same and consequently to stay the

enquiry schedule starting from 18.03.2021 vide Memo dated 05.03.2021

initiated against the petitioner till the completion of proceedings before the

CBI Court, Hyderabad, in Rc.No.RC.17(A)/2014-CBI-HYD, dated

28.12.2015

.

The order passed by the Central Administrative Tribunal, Hyderabad, in MA.No.942/2019 in OA.No.197/2018 on 24.01.2020 reads as follows;

"After hearing both counsel, we are of the view that the departmental proceedings may continue till the evidence is recorded by the criminal court. Once the criminal court has completed the evidence, department is free to pass any order."

Learned Counsel for petitioner submits that in Civil Appeal No.4715/2011 the Hon'ble Supreme Court stayed the Departmental Proceedings for a period of one year and also held that if the criminal proceedings are not concluded by that time, Departmental Proceedings may go on. But, the impugned order passed by the Tribunal is not in consonance with the aforesaid Judgment of the Supreme Court.

Heard learned Assistant Solicitor General. It is brought to the notice of this Court that there are 1277 witnesses in criminal case and it may take more than one year for recording their evidence. More so, the benefit of staying the Departmental Proceedings till conclusion of recording of evidence in the criminal proceedings is extended to the petitioner.

Since already petitioner is protected by the order of the Tribunal stating that the Departmental proceedings may continue only after conclusion of evidence in criminal case, we do not see any serious prejudice to the petitioner. As such, we do not see any reason to entertain the writ petition.

Accordingly, the writ petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, in this writ petition shall stand closed.

___________________________ A.RAJASHEKER REDDY, J ___________________________ DR.SHAMEEM AKTHER, J 19.03.2021 tk HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE Dr.JUSTICE SHAMEEM AKTHER WRIT PETITION No. 6917 of 2021 19.3.2021 tk