Andhra Pradesh High Court - Amravati
N Swamy vs State Of Andhra Pradesh, on 4 October, 2024
APHC010442412024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
FRIDAY ,THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 22592/2024
Between:
1. N SWAMY, S/O. SAKRU (LATE) AGED 56 YEARS, PRESENTLY
WORKING AS ASSISTANT CONTROLLER, LEGAL METROLOGY
DEPARTMENT, TIRUPATI CHITTOOR DISTRICT.
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH, REP. BY THE CONTROLLER,
LEGAL METROLOGY, DOOR NO 10-152-1, CIVIL SUPPLIES
CORPORATION, 1ST FLOOR,BANDAR ROAD, ASHOK NAGAR,
KANURU, VIJAYAWADA- 520 007.
2. THE CONTROLLER, LEGAL METROLOGY, DOOR NO 10-152-1,
CIVIL SUPPLIES CORPORATION, 1ST FLOOR, BANDAR ROAD,
ASHOK NAGAR, KANURU, VIJAYAWADA- 520 007.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a writ, order, or direction particularly one in the nature of Writ
of Mandamus, directing the Respondents not to proceed with the Charge
Memo No.FCS03-12/5/23-VIG-LM dated 22-08-2023 issued by the
nd
Controller, Legal Metrology Department i.e. 2 Respondent as illegal,
arbitrary apart from violation of Articles 14, 16 and 21 of the Constitution of
India and pass such
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
may be pleased to direct the Respondent not to proceed with the Charge
Memo No.FCS03- 12/5/23-VIG-LM dated: 22-08-2023 issued by the 2nd
Respondent and pass such
Counsel for the Petitioner:
1. C SRINIVASA BABA
Counsel for the Respondent(S):
1. GP FOR SERVICES
The Court made the following ORDER:
Heard Sri C.Srinivasa Baba, learned counsel for the petitioner and Sri
R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for
the respondents 1 and 2.
2. A charge memo No.FCS03-12/5/2023-VIG-LM, dated 22.08.2023 was
issued to the petitioner on the ground that the petitioner is in possession of
disproportionate assets. Crime No.12/RCA-KUR/2017 is registered under
Section 13(2) r/w 13(1)(e) of P.C.Act, 1988, charge sheet was filed by the
polcie and the same was numbered as C.C.No.31 of 2023 on the file of
Special Judge for ACB Cases, Kurnool on the same allegations.
3. Learned counsel for the petitioner would submit that the witnesses in
the charge memo and the list of witnesses in the charge sheet are almost
identical. He would submit that if the petitioner discloses the defense by filing
a written explanation to the charge memo, it will cause prejudice to the
petitioner. Learned counsel relied upon the judgment in Capt. Paul Anthony
vs. Bharath Gold Mines Limited and Another1 wherein, the Hon'ble Apex Court
observed as follows;
"The conclusions which are deducible from various decisions of this
Court referred to above 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 employee is of a grave nature
which involves 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
1999 (3) SCC 679
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 is found not guilty his honour may be vindicated
and in case he is found guilty, the administration may get rid of him at
the earliest."
4. Learned Assistant Government Pleader for Services, on the other hand,
would submit that the trial in criminal cases will take considerable time.
5. As seen from the material, a search was conducted by the ACB officials
on 15.07.2017 and later charge memo (Ex.P.1), was issued to the petitioner.
Basing on the same allegations, crime was registered and the same was
numbered as C.C.No.31 of 2023. As rightly pointed out by learned counsel for
the petitioner, in the list of witnesses mentioned in Annexure-III and the
witnesses in the criminal case are identical. If the petitioner discloses defense
and cross examine the witnesses in the departmental inquiry, it will cause
prejudice to the petitioner.
6. In State Bank of India and Others v. Neelam Nag and Anr 2, the
Hon'ble Apex Court issued directions to the Sessions Court to complete the
Criminal Trial as expeditiously as possible, not later than one year from the
date of the order.
7. Given the facts and circumstances, as discussed supra, this Court
deems it appropriate to stay the departmental proceedings, for one year.
8. Accordingly, the departmental proceedings initiated against the
petitioner shall remain stayed for one year. The learned Special Judge for
ACB Cases, Kurnool shall complete the trial in C.C. No.31 of 2023 as
(2016) 9 SCC 491
expeditiously as possible, preferably within one (01) year, since the
departmental proceedings initiated are stayed, pending disposal of the
criminal case. It is needless to mention here that the petitioner shall cooperate
during the trial of the criminal case without asking for adjournments.
The petitioner shall file a copy of this order before the concerned Court
for expeditious disposal of the criminal case.
If the petitioner fails to cooperate with the trial in the criminal case, the
disciplinary authority shall take recourse to guideline (v) in Captain Paul
Anthony's case.
9. With the above observations, the Writ Petition is disposed of at the
admission stage with the consent of learned counsel on either side. There
shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
______________________
SUBBA REDDY SATTI, J
Dated 04.10.2024
KA
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 22592/2024
Dated 04.10.2024
KA
