Shaik Moula Saheb vs. The Special Chief Secretary To The Government Of Ap
Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Unknown Status
Order Date:5 Jul 2022
CNR:APHC010318942022
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Admission (Service Matters)
Before:
Hon'ble Kongara Vijaya Lakshmi
Listed On:
5 Jul 2022
Original Order Copy
Get a certified copy of this order
Order Text
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No.: W.P. No.19036 of 2022
PROCEEDING SHEET
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 1) | 05.07.2022<br>KVL, J | ||
| Notice before admission returnable in four (4) | |||
| weeks. | |||
| This<br>Writ<br>Petition<br>is<br>filed<br>seeking<br>stay<br>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<br>of<br>First<br>Class,<br>Rajampet<br>and<br>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<br>the<br>Hon'ble<br>Supreme<br>Court<br>observed<br>as | |||
| follows. | |||
| "The conclusions which are deducible from<br>various decisions of this Court are: | |||
| (i)<br>Departmental<br>proceedings<br>and<br>proceedings in a criminal case can<br>proceed simultaneously as there is no<br>bar<br>in<br>their<br>being<br>conducted<br>simultaneously, though separately. | |||
| (ii)<br>If the departmental<br>proceedings and<br>the<br>criminal<br>case<br>are<br>based<br>on<br>identical and similar set of facts and<br>the<br>charge<br>in<br>the<br>criminal<br>case<br>against the delinquent employees is of<br>a<br>grave<br>in<br>nature<br>which<br>involves |
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE | |
|---|---|---|---|---|
| complicated questions of law and fact,<br>it would be desirable to stay the<br>departmental<br>proceedings<br>till<br>the<br>conclusion of the criminal case. | ||||
| (iii) | Whether the nature of a charge in a<br>criminal case is grave and whether<br>complicated questions of fact and law<br>are involved in that case, will depend<br>upon<br>the<br>nature<br>of<br>offence,<br>the<br>nature of the case launched against<br>the employee on the basis of evidence<br>and material collected against him<br>during investigation or as reflected in<br>the charge sheet. | |||
| (iv) | The factors mentioned at (ii) and (iii)<br>above<br>cannot<br>be<br>considered<br>in<br>isolation<br>to<br>stay<br>the<br>departmental<br>proceedings but due regard has to be<br>given<br>to<br>the<br>fact<br>that<br>the<br>departmental<br>proceedings cannot be<br>unduly delayed. | |||
| (v) | If the criminal case does not proceed<br>or<br>its<br>disposal<br>is<br>being<br>unduly<br>delayed,<br>the<br>departmental<br>proceedings, even if they were stayed<br>on account of the pendency of the<br>criminal case, can be resumed and<br>proceeded with so as to conclude<br>them at an early date, so that if the<br>employee found not guilty his honour<br>may be vindicated and in case he is<br>found guilty, administration may get<br>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.<br>List the matter on 30.08.2022. | ||||
| ______ | ||||
| Nsr | KVL, J | |||
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
Share This Order
Case History of Orders
Similar Case Search