K Vijaya Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 7939 AP

              HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: W.P.No.33946 of 2022

                                  PROCEEDING SHEET

Sl.                                                                           OFFICE
      DATE         ORDER
No.                                                                           NOTE
 1    18.10.2022   Dr. KMR,J


                           Notice before admission.

                           Ms. Kavitha KGottipati, learned counsel
                   for the petitioner, is present.
                           Learned      Government          Pleader     for
                   Services-III takes notice for the respondents.

Heard.

This 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.47 of 2022 on the file of Gandlapenta Police Station, Gandlapenta, Sri Satya Sai 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 reported in (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 an interim direction as prayed for.

For filing counters, list this matter along with W.P.No.24584 of 2022.

________ Dr. KMR,J

HS