lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION)

MONDAY ,THE FIFTH DAY OF MAY

TWO THOUSAND AND TWENTY FIVE

:PRESENT: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

WRIT PETITION NO: 2813 OF 2025

Betwee n :

Muppisetty Muniramaiah, S/o. M. Chengappa, aged about 62 years, Occ: Rtd. Addl. Superintendent of Police, R/o. H.No. 148, Saradhi Nilayam,I Mangalam Road, Tirupati Town, Chittoor District.

Petitionela

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LIJ

AND

• J 1. The State of Andhra Pradesh, Rep by its Principal Secretary (Home Department), Secretariat Buildings, Velahgapudi, Chittoor District.
• 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri Chittoor District.
• 3. The Addl. Director General of Police, Operations (Greyhounds) Regional Head Quarters, Visakhapatnam, Andhra Pradesh.

Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction, more particularly one in the nature of writ of Mandamus or any other appropriate writ, order or direction by

declaring the action of the Respondent No. 3, by summoning the petitioner for enquiry vl'de letter, dated 19.12.2024, bearing C.No. 448/A1/GH-VSP/2024, dated 16.12.2024 in related to the allegations raised against the petitioner in crime No.192 / 2021 of Central Crime Station, Hyderabad City, even though the said subject matter was earlier enquired as per the d,erections of the Respondent No.2 and dropped the further action against the petitioner vide G.O.Rt No.244, dated 01.03.2023 by the Government and as such summoning the petitioner for second enquiry by the Respondent, No.3 on the same cause as illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary to Articles 14, 16 and 21 of Constitution of India and consequently direct the respondent No.3, to drop the enquiry against the petitioner.

-yr-

IANO:1 OF 2025

Petition under section 151 CPC is filed praying that in the circumstances stated in the affidavI-i filed in support of the petition, the High Court may be pleased to stay of all further proceedings of the enquiry bearing c.No. 448/A1/GH-VSP/2024, dated 16.12.2024 of the respondent No. 3, in related to J the complaint of CH. Suneel Kumar agal-nst the petitioner" pending disposarI of WP 2813 of 2025, on the file of the High Court.

The petitI'On coming On for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri D KODANDARAMI REDDY Advocate for the petitioner, GP FOR SERVICES I for the Respondent Nos.1 to 3 and the Court made the following.

ORDER:

£{Learned Assistant Government pleader for services-I has placed on record written instructions dated 18.02.2025 stating that based on complaint received from the de facto complainant who I--nStituted Crime No.192 of 2021, in relation to the exoneration of petitioner from

disciplinary proceedings at the instance of the enquiry officer i.el, [G of Police, enquiry has been ordered to be conducted by Additional DGP which is awaited and based on the said report, respondent No.1 would take appropriate action.

Learned counsel for the petitioner on the other hand while reiterating his submissions that when respondents have once discharged petitioner from disciplinary proceedings, for the same allegations, there cannot be second set of enquiry, for wh,ich purpose reliance has been placed on judgments of the Hon'ble Apex Court in State Bank of India & Ors v. Navin Kumar Sinhal and Union of India v. Kunisetty Satyanarayana. In view of the same, there shall be interim stay of all further proceedings in pursuance to enquiry bearing C.No.448/A1/GH VSP/2024 dated 16.12.2024, till Additional DGP submits report-

Let counter be filed within a period of four (o4) weeks, reply if any; be filed within a period of two (o2) weeks thereafter.

List the matter after eight (o8) weeks."

ASSISTANT TRAR

//TRUE COPY//

Fort

SECTION OFFICER

Sd/- U. SKI DEVi

\ J,i

To,

• 1. The Principal Secretary (Home Department), State of Andhra Pradesh, Secretariat Buildings, Velahgapudi, Chittoor District.[By Special Messenger]
• 2. The DI'reCtOr General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri chittoor District.
• 3. The AddI. Director General of Police, Operations (Greyhounds) Regional Head Quarters, Visakhapatnam, Andhra Pradesh. (2 & 3 by RPAD)
• 4. One CC to SRI. D KODANDARAMI REDDYAdvocate [OPUC]
• 5. Two CCs to GP FOR SERVICES I ,High Court OfAndhra Pradesh. [OUT]

J

6. One spare copy

HIGH COURT

CGR,J

DATED : 05/05/2025

List the matter after eight (08) weeks

ORDER

WP.No.2813 of 2025

INTERIM STAY