Andhra Pradesh High Court
WP/24264/2026 of SRI GOGULA KOTESWARA RAO @ KOTI Vs THE STATE OF ANDHRA PRADESH on 30 August 2026
for orders : Date of pronouncement : Date of uploading : APHC010446132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24264/2026 Between: 1. SRI
Date of reserved for orders :
Date of pronouncement :
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APHC010446132026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 31st DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 24264/2026
Between:
1. SRI GOGULA KOTESWARA RAO @ KOTI, S/O MALYADRI, AGED
ABOUT 33 YEARS, POLICE CONSTABLE-826, FORMERLY OF
KONDAPI P.S., PRAKASAM DISTRICT, NOW WORKING AT
KANIGIRI P.S., PRAKASAM DISTRICT, R/O D.NO.5-2914, GOILA
PALEM, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH - 523114.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, HOME (SC-A) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI - 522 503.
2. THE INSPECTOR GENERAL OF POLICE, SOUTH COASTAL
ZONE, GUNTUR RANGE, GUNTUR -522 001.
3. THE
SUBDIVISIONAL
POLICE
OFFICER,
GURAZALA
/
MARKAPURAM, PALNADU DISTRICT-523316.
4. THE
DIRECTOR
GENERAL,
ANTI-CORRUPTION
BUREAU,
ANDHRA PRADESH, VIJAYAWADA -520 010.
5. THE INSPECTOR OF POLICE, ANTI-CORRUPTION BUREAU, ONGOLE RANGE, PRAKASAM DISTRICT-523316.
...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 toissue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in framing Articles of Charge vide C.No.36/PR/2025 dated 04.09.2025 by the 4th respondent and serving the same upon the petitioner as illegal, arbitrary, and violative of Articles 14, 21 and 311(2) of the Constitution of India, the principles of natural justice, and the settled law laid down by the Hon'ble Supreme Court and this Hon'ble Court, and quash the same, and consequently to direct the 4th respondent not to proceed with the departmental enquiry in pursuance of the said Articles of Charge dated 04.09.2025 till the conclusion of the criminal proceedings in Cr.No.01/RCT-OGL/2023 of ACB, Ongole, presently pending before the Special Judge for SPE and ACB Cases, Nellore, IA NO: 1 OF 2026
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 grant interim stay of all further departmental enquiry pursuant to Articles of Charge vide C.No.36/PR/2025 dated 04.09.2025 and the orders of appointment of Inquiring Authority and Presenting Officer in
C.No.36&37/PR/2025, ROO Nos.1413/2025 and 1414/2025 dated 15.12.2025 and further restrain the respondents from conducting the Oral Enquiry scheduled on 28.03.2026 vide Radio Message dated 23.03.2026, pending disposal of the above writ petition Counsel for the Petitioner:
1. BALU ANIL KUMAR PALLA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
Whether the order is :
Speaking Yes/No / Reasoned Yes/No
Reportable Yes/No / Non-Reportable Yes/No
HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.24264 of 2026
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ORDER :
This writ petition is filed declaring the action of the Respondent authorities in initiating parallel disciplinary proceedings dated 04.09.2025 against the Petitioner, pending Cr.No.01/RCT-OGL/2024 before the Special Judge for SPE & ACB cases, Nellore as arbitrary and illegal.
2. Petitioner was appointed as Police Constable and was posted to Kondapi Police Station, Prakasam District. While so, on 08.02.2023, the Anti-Corruption Bureau, Ongole laid a trap alleging that Petitioner accepted bribe of Rs.20,000/- on the instructions of one K.Rama Krishna, S.I. of Police from one Angalakurthi Venkateswarlu for doing an official favour of serving notice under Section 41(A) Cr.P.C. in Cr.No.07/2023 of Kondapi P.S. and not booking a case under the Scheduled Caste and Scheduled Tribes (Preventionof Atrocities) Act on the report of one Yenamadni Mallikharjuna Rao. On the same day, Cr.No.01/RCT-OGL/2024 under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2016 was registered against the Petitioner and the same was taken cognizance by the Special Judge for SPE & ACB cases, Nellore, which is pending trial.
3. Parallelly, the Respondent Authorities initiated the Disciplinary Proceedings dated 04.09.2025 on the same allegations mentioned in the criminal case.
4. Learned counsel for the Petitioner submits that the criminal case and the disciplinary case are with respect to the same incident and it will cause prejudice to the Petitioner. He placed reliance on the judgment of the Hon’ble Supreme Court in M.Paul Anthony v. Bharat Gold Mines Limited1.
5. This Court taking note of the Judgment of the Hon’ble Supreme Court in Secretary, Lucy Sequeira Trust and Another v. Kailash Ramesh Tandel and Others2 disposed of similar writ petitions with the following directions:
(i) The departmental proceedings initiated against the Petitioner dated 04.09.2025 shall remain stayed for a period of one year from today.
(ii) The learned Special Judicial for SPE and ACB Cases, Nellore, shall complete the trail in Cr.No.01/RCT-OGL/2024 pending on its file, as expeditiously as possible, preferably within a period of one year considering the fact that the 1 1999 (3) SCC 679 2 (2019) 6 SCC 155
departmental proceedings are stayed, pending disposal of the criminal case.
(iii) The Petitioner shall file a copy of this order before the concerned Court and shall co-operate for expeditious disposal of the criminal case.
(iv) If the trial is not concluded within the period of one year, the departmental proceedings can be proceeded with.
6. In the present case, the departmental enquiry is an offshoot of the criminal case and the documentary and oral evidence is similar. Therefore, the writ petition is disposed of in terms of the above directions. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 31.08.2026 KLP