M Pradeep vs The State Of Andhra Pradesh
2022 Latest Caselaw 5511 AP

         HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P. No.26556 of 2022

                               PROCEEDING SHEET

SL.     DATE                             ORDER                                             OFFICE
NO.                                                                                         NOTE

 1    23.08.2022   Dr. KMR, J
                                         W.P.No.26556 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