Andhra Pradesh High Court
WP/5060/2025 of B.Venkata Subbaiah Vs The Superintendent of Police, on 18 February 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5060/2025 Between: 1. B.VENKATA SUBBAIAH, , S/O.VENKATA RAMAIAH, AGED
APHC010093962025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 5060/2025
Between:
1. B.VENKATA SUBBAIAH, , S/O.VENKATA RAMAIAH, AGED
ABOUT 34 YEARS, POLICE CONSTABLE CIVIL, PRESENTLY
WORKING AT N.RACHARLA POLICE STATION PC 369, DONE SUB DIVISION, KURNOOL DISTRICT.
...PETITIONER
AND
1. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL
DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY
HOME
DEPARTMENT,
SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
...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 to issue a writ, order, or direction particularly one in the nature of Writ of Mandamus wherein by setting aside the charge memo issued by 1st respondent in C.N0.A6/PR-18022/2021
dt.21.01.2025, which was communicated to the petitioner on
03.02.2025 as illegal, arbitrary, apart from violation of Articles 14, 16
and 21 of the Constitution of India and pass IA NO: 1 OF 2025
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 may be pleased to suspend the Impugned Charge Memo issued by 1st respondent in C.NO.A6/PR-18022/2021 dt.21.01.2025, till the conclusion of criminal case and pass IA NO: 2 OF 2025
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 May be pleased to vacate the Interim Orders passed in
I.A.No.1 of 2025 in W.P.No.5060 of 2025 dated 03.3.2025 and dismiss the writ petition as being devoid of merits and pass Counsel for the Petitioner:
1. C SRINIVASA BABA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.5060 of 2025
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ORDER:
The present writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus wherein by setting aside the charge memo issued by 1st respondent in C.N0.A6/PR-18022/2021 dt.21.01.2025, which was communicated to the petitioner on 03.02.2025 as illegal, arbitrary, apart from violation of Articles 14, 16 and 21 of the Constitution of India and pass….”
2. Heard M/s. C.Srinivasa Baba, learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.
3. The issue involved in this Writ Petition is initiation of simultaneous proceedings. Considering the submissions, this Court has passed interim order on 03.3.2025 which is as follows: “Heard Sri C.Srinivasa Baba, learned counsel for the petitioner and learned Assistant Government Pleader for Services-l appearing for the respondents. The petitioner has been arrayed as accused in S.C.No.48 of 2022 on the file of Special Judge for Trial of Cases under SC/ST (POA) Act-cum- VI Additional District Sessions Judge, Kurnool for the offences punishable under Sections 302 r/w 34 of IPC and Section 3
(2) (v) of the SCs and STs (POA) Act. On same set of allegations, he has also been subjected to departmental proceedings by issuing charge memo dated 21.01.2025. He would submit that nature of enquiry in both the proceedings and vis-à-vis witnesses sought to be examined are one and the same and by referring to the judgment rendered in W.A.No.467 of 2024 wherein this Court after reviewing various Judgments rendered by the Hon'ble Apex Court had reiterated that once criminal proceedings are invoked in the same set of allegations, departmental proceedings should await rather than proceeding with both enquiries simultaneously. Не also refers to Police Standing Order 179 (2) stating that when a criminal case is pending, departmental proceedings should be suspended. In the present case, as criminal proceedings have already been initiated and are going in S.C.No.48 of 2022, the respondents should not have issued charge memo dated 21.01.2025 conducting parallel proceedings. Prima-facie, the submissions made by learned counsel for the petitioner, in the opinion of this Court, merit acceptance in view of the judgment rendered in W.A.No.467 of 2024. Hence, the disciplinary proceedings initiated by the respondents by issuance of charge memo, dated 21.01.2025, are stayed for a period of four (4) weeks.”
4. After notice, the respondents have filed their counter.
5. Learned counsel appearing on behalf of the petitioner has placed his submissions basing on the observations made by the Hon’ble Apex Court in M.Paul Anthony vs Bharat Gold Mines Limited and another 1. Further he has also placed reliance on the Police Standing Orders 179(2) clearly stipulates a condition that when 1 AIR 1999 SC 1416
a criminal case is pending in a court, departmental proceedings should be suspended.
6. Learned Government Pleader appearing on behalf of the respondents submitted that the Court may pass appropriate orders.
7. Considering the above submissions and also on perusal of the Police Standing Orders, the disciplinary proceedings are stayed till conclusion of criminal proceedings and after concluding the criminal proceedings, if the Department chooses to proceed further, the proceedings may be revived.
8. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH
Date: 19.02.2026 RD
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.5060 of 2025 Dated: 19.02.2026 RD