A.Badapalleppa vs The State Of Andhra Pradesh
2022 Latest Caselaw 5435 AP

         HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P. No.26035 of 2022

                                 PROCEEDING SHEET

SL.     DATE                            ORDER                                         OFFICE
NO.                                                                                    NOTE

 1    18.08.2022   Dr. KMR, J
                                        W.P.No.26035 of 2022

                         Notice before admission.

                          Learned Government Pleader for Services-III takes

                   notice on behalf of the respondents No.1 to 3.

The present writ petition is filed seeking a direction

to the respondents to defer the 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 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.

In view of the facts and circumstances, there shall be

interim direction as prayed for.

Post the matter on 29.08.2022 along with

W.P.No.18711 of 2022.

                                                                       ___________
                                                                       Dr. KMR,J

                   Gvl
 SL.   DATE   ORDER   OFFICE
NO.                   NOTE