The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Petition No.25517 of 2021
Order: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The petitioner before this Court has filed the present petition
being aggrieved by order dated 22.09.2011, passed by the Central
Administrative Tribunal, Hyderabad, in O.A.No.633 of 2001.
2. The facts of the case reveal that an FIR was lodged against the
petitioner on 07.04.2017 for allegedly committing the offences
punishable under Sections 120-B, 409, 420, 477-A IPC
r/w Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act,
1988, by the Central Bureau of Investigation (CBI) and the case is
pending before the Court of the Principal Special Judge for CBI Cases,
Hyderabad.
3. The petitioner's contention is that on same facts and
circumstances, a departmental enquiry has also been initiated against
him. The petitioner has earlier approached the Central Administrative
Tribunal as well as this Court and this Court by order dated 13.08.2020,
in W.P.No.12195 of 2020, stayed the departmental enquiry proceedings
for a period of one year. After expiry of a period of one year, as the
Department has started the proceedings, the petitioner has filed an
Original Application (OA) once again before the Tribunal along with
an application for grant of interim relief. The Tribunal has admitted
the matter by order dated 22.09.2021.
4. Learned counsel for the petitioner has argued before this Court
that the OA before the Tribunal will become infructuous, if the matter
is not decided at an early date.
5. On the other hand, learned Assistant Solicitor General appearing
for respondent No.1/Union of India has stated before this Court that
the proceedings were kept in abeyance for a period of one year as directed by this Court and therefore, in the light of the judgment of the Apex Court reported in SBI and others vs. Neelam Nag and others1, the departmental enquiry has to be finalised.
6. In the considered opinion of this Court, as the matter is already pending before the Tribunal, all the facts and grounds can be looked into by the Tribunal itself and the matter can be decided on merits. Accordingly, the Tribunal is requested to decide the matter, as expeditiously as possible, preferably within a period of 30 days from today, as a very short point is involved. The parties shall appear before the Tribunal on 20.10.2021. It is needless to mention that this Court has not expressed any opinion on merits of the case.
7. The Writ Petition is, accordingly, disposed of. Consequently, Interlocutory Applications, pending if any, stand disposed of.
_______________________ Satish Chandra Sharma, CJ ____________________ A. Rajasheker Reddy, J 18.10.2021 lur 1 2016 9 SCC 491