Srinivasulu vs The Union Of India
2021 Latest Caselaw 858 Tel

         HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                           AND
          HON'BLE Dr.JUSTICE SHAMEEM AKTHER

                   WRIT PETITION No. 6917 of 2021

ORDER: (per Hon'ble Sri Justice A.Rajasheker Reddy)

      This writ petition is filed against order dated 24.01.2020 passed in

MA.No.942/2019 in OA.No.197/2018 by the Central Administrative

Tribunal, Hyderabad and to set aside the same and consequently to stay the

enquiry schedule starting from 18.03.2021 vide Memo dated 05.03.2021

initiated against the petitioner till the completion of proceedings before the

CBI Court, Hyderabad, in Rc.No.RC.17(A)/2014-CBI-HYD, dated

28.12.2015

.

The order passed by the Central Administrative Tribunal,

Hyderabad, in MA.No.942/2019 in OA.No.197/2018 on 24.01.2020 reads

as follows;

"After hearing both counsel, we are of the view that the departmental proceedings may continue till the evidence is recorded by the criminal court. Once the criminal court has completed the evidence, department is free to pass any order."

Learned Counsel for petitioner submits that in Civil Appeal

No.4715/2011 the Hon'ble Supreme Court stayed the Departmental

Proceedings for a period of one year and also held that if the criminal

proceedings are not concluded by that time, Departmental Proceedings

may go on. But, the impugned order passed by the Tribunal is not in

consonance with the aforesaid Judgment of the Supreme Court.

Heard learned Assistant Solicitor General. It is brought to the notice of this Court that there are 1277 witnesses

in criminal case and it may take more than one year for recording their

evidence. More so, the benefit of staying the Departmental Proceedings till

conclusion of recording of evidence in the criminal proceedings is

extended to the petitioner.

Since already petitioner is protected by the order of the Tribunal

stating that the Departmental proceedings may continue only after

conclusion of evidence in criminal case, we do not see any serious

prejudice to the petitioner. As such, we do not see any reason to entertain

the writ petition.

Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, in this

writ petition shall stand closed.

___________________________ A.RAJASHEKER REDDY, J

___________________________ DR.SHAMEEM AKTHER, J

19.03.2021 tk HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE Dr.JUSTICE SHAMEEM AKTHER

WRIT PETITION No. 6917 of 2021

19.3.2021

tk