Citation : 2022 Latest Caselaw 5061 AP
Judgement Date : 5 August, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: W.P.No.24584 OF 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
01 05.08.2022 Dr.KMR, J
Notice before admission.
Learned Government Pleader for
Services-III takes notice for the respondents.
The Writ Petition is filed seeking a direction to the respondents to defer the oral/ departmental enquiry initiated against the petitioner till conclusion of the criminal case against the petitioner in Crime No.164 of 2022 on the file of Eluru III Town Police Station, West Godavari District.
As seen from the charge sheet, all the charges framed against the petitioner and the allegations made in the charge memo are one and the same.
Learned counsel for the petitioner relied upon the Judgment of the Hon'ble Supreme Court in Capt. M. Paul Anthony Vs., Bharat Gold Mines Ltd., and another (1999) 3 SCC 679, wherein the Hon'ble Supreme Court held that 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 question of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case.
SL. DATE ORDER OFFICE
NO. NOTE
:: 2 ::
In view of the facts and circumstances, there shall an interim direction as prayed for.
List the matter along with W.P.No.18711 of 2022 on 29.08.2022.
___________
Dr.KMR, J
HS
SL. DATE ORDER OFFICE
NO. NOTE
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