Andhra Pradesh High Court - Amravati
Shaik Moula Saheb vs The Special Chief Secretary To The ... on 5 July, 2022
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No.: W.P. No.19036 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
1) 05.07.2022 KVL, J
Notice before admission returnable in four (4)
weeks.
This Writ Petition is filed seeking stay of
departmental enquiry initiated against the petitioner as
the charges in Criminal Case No.22 of 2016 and in the
departmental enquiry are one and the same.
The case of the petitioner is that the charges
pertain to dereliction of duties and misappropriation of
the amount which was collected for water tax and
property tax for the years 2004-05 to 2011-12 and CC
No.22 of 2016 is pending for trial before the learned
Judicial Magistrate of First Class, Rajampet and all the
records were handed over to the Hon'ble Judicial
Magistrate of First Class, Rajampet and hence
departmental enquiry is liable to be stayed.
Learned counsel for the petitioner has relied
upon the judgment in Capt. M. Paul Anthony v.
Bharat Gold Mines Limited (JT 1999 (2) SC 456),
wherein the Hon'ble Supreme Court observed as
follows.
"The conclusions which are deducible from
various decisions of this Court are:
(i) Departmental proceedings and
proceedings in a criminal case can
proceed simultaneously as there is no
bar in their being conducted
simultaneously, though separately.
(ii) 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 employees is of
a grave in nature which involves
SL. DATE ORDER OFFICE
NO. NOTE
complicated questions of law and fact,
it would be desirable to stay the
departmental proceedings till the
conclusion of the criminal case.
(iii) Whether the nature of a charge in a
criminal case is grave and whether
complicated questions of fact and law
are involved in that case, will depend
upon the nature of offence, the
nature of the case launched against
the employee on the basis of evidence
and material collected against him
during investigation or as reflected in
the charge sheet.
(iv) The factors mentioned at (ii) and (iii)
above cannot be considered in
isolation to stay the departmental
proceedings but due regard has to be
given to the fact that the
departmental proceedings cannot be
unduly delayed.
(v) If the criminal case does not proceed
or its disposal is being unduly
delayed, the departmental
proceedings, even if they were stayed
on account of the pendency of the
criminal case, can be resumed and
proceeded with so as to conclude
them at an early date, so that if the
employee found not guilty his honour
may be vindicated and in case he is
found guilty, administration may get
rid of him at the earliest."
Learned counsel for the petitioner submits that
in similar facts and circumstances, this Court in WP
No.6870 of 2022, dated 23.03.2022, passed an interim
order staying the departmental proceedings.
In view of the facts and circumstances, there
shall be interim stay as prayed for till 30.08.2022.
List the matter on 30.08.2022.
______
KVL, J
Nsr
SL. DATE ORDER OFFICE
NO. NOTE
SL. DATE ORDER OFFICE
NO. NOTE
SL. DATE ORDER OFFICE
NO. NOTE
