lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF MARCH, TWO THOUSAND AND ll^/ENTY THREE

: PRESENT:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19036 OF 2022

Between:

shaik Moula Saheb, S/o. Late Khader saheb Age. 59 Years, Presently working as Junior Asst., At Rayachoti Municipality, R/o. John Puram, Rajam Pet Annamayya District, (Cuddapah)

Petitioner

/,

Eiiii=

AND

• 1. The Special ChI'ef Secretary to The Government of AP, MA & uD (Vigillance-Ill) Department 2nd building, Ground floor Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh.
• 2. Commissioner and Director of Municipal AdministratI'On Department, Vaddeswaram, Mangalagirl-, Guntur Dl'strict, Andhra Pradesh.
• 3l The Regional Joint Director of MunI-Cl'Pal Administratl'on Ananthapuram, Ananthapuram District, Andhra Pradesh.
• 4. The Municipal Commissioner Rajampet Municipality, Cuddapah District.
• 5. Member, Comml'ssionerate of Inquiries, General Administration (col-RPT) Department. Room No.267,1st floor, Building No.5, Secretariate, velagapudI', Guntur.

... Respondents

petition under Article 226 of the Constitution of India praying that Ion the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Wrl't or Order.more in the nature of Mandamus in declaring the action of the respondents in closlng the departmental enquiry against the petitl'oner on the same charges in criminal case as illegal, arbitrary, unjust, violative of principles of natural justl'ce, in breach of Rule 20 of the CCA Rules, and consequentl'ally direct the respondents not to proceed pass fI'nal Orders With the departmental enquiry against the petitioner arising out of the charge memo G.O.Rt.No.485 MA and uD (VIG.ll) Department dated ll.04.2014 and which is now before the commissioner of Enquiries numbered as the NotI'Ce No.120/Col.RPT/2021, till the conclusI'On Of the Trail CC No.22/20I6 pending Trial before the Honourable Judl'cial Magistrate of First class, Rajampet.

lANO: 1 OF2022

Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay a" further proceedings l'n the departmental enquiry against the petitioner arI'Sing out of the charge Memo GO.Rt.No.486 MA and UD (VIG.ll) Department dated.ll.04.2014 which now before the commissioner of Enquiries numbered as the NotI'Ce No.120/Col.RPT/2021, till the conclusion of the trial cc No.22/2016

pending Trial before the Honourable Judicial Magistrate of First Class. Rajampet, pending disposal of WP No. 19036 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier orders of the High Court dated 05.07.2022, 30.08.2022, 27.10.2022, 29-09-2022, 29.12.2022, 01.02.2023 and 01.03.2023 made herein and upon hearing the arguments of SRI. K. R. SRINIVAS, Advocate for the Petitioner and G.P. FOR MA& UD for Respondent Nos. 1 to 3 and SRI. N. RANGA REDDY, SC for Respondent No.4 and of G.P. FOR GAD for Respondent No.5, the Court made the following:

ORDER:

"List the matter on 27.04.2023. Till then, interim Order granted earlier shall stand extended."

SD/- B.PRASAD RAO ASSISTANT REGISTRAI

//TRUE COPY//

SECTION OFFICER $For$

To,

• One CC to Sri.N.Ranga Reddy, Standing Counsel [OPUC] 1.
• 2. One CC to SRI.K.R.SRINIVAS Advocate [OPUC]
• 3. Two CCs to GP for General Administration, High Court Of Andhra Pradesh. [OUT]
• 4. Two CCs to GP for Municipal Administration & Urban Development, High Court Of Andhra Pradesh. [OUT]
• 5. One spare copy

ksr

HIGH COURT

$\text{NV},,\text{J}$

Dated: 29.03.2023

ORDER

List the matter on 27.04.2023

WP.No.19036 of 2022

INTERIM ORDER EXTENDED