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PRASHANT KUMAR MISHRA, D. V. S. S. SOMAYAJULU
Director General of Police, A. P. – Appellant
Versus
D. Ravi Babu, S/o (Late) Someswara Rao – Respondent
ORDER :
D.V.S.S.Somayajulu, J
This Writ Appeal No.526 of 2022 is filed against the order, dated 01.04.2021, passed by the learned single Judge in W.P.No.23315 of 2020.
2. Writ Appeal No.527 is filed against the dismissal of the Review I.A.No.1 of 2021 in W.P.No.23315 of 2020.
3. Since the main issues were raised and argued in W.A.No.526 of 2022 the same was taken up for hearing.
4. This Court has heard Sri Kasa Jaganmohan Reddy, learned Special Government Pleader, appearing for the learned Government Pleader of Services-I for the appellant, and Sri G. Seena Kumar, learned counsel for the respondent.
5. The respondent-Writ Petitioner is a Deputy Superintendent of Police, who was placed under suspension because he is accused in two heinous crimes.
6. Learned Special Government Pleader argues that as a person of the disciplined Uniform Force the respondent-Writ Petitioner was involved in two heinous crimes viz., Crime No.123 of 2017 of New Port Police Station, Visakhapatnam and Crime No.668 of 2017 of Gajuwaka Police Station, Visakhapatnam. It is pointed out that the offences for which the respondent-Writ Petitioner is charged are under Sections 302, 120b, 201, 417, 497, 506 and 500 IPC alon
Police Standing Order, which is a special rule, which deals with the power of the authorities to postpone the decision on the departmental inquiry till pronouncement of judgment in the criminal case,....
The Court held that the departmental enquiry should be stayed when the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal ca....
The court can stay the departmental enquiry for a period of one year if the criminal charge against the employee is grave and continuation of the departmental enquiry is likely to prejudice the defen....
The main legal point established in the judgment is that the departmental proceedings and criminal trial can proceed simultaneously, unless there are specific reasons to stay the departmental proceed....
Departmental and criminal proceedings can proceed simultaneously; staying one depends on showing potential prejudice, which was not established in this case.
Simultaneous departmental and criminal proceedings are permitted; however, the former should typically be stayed if both are based on identical facts to avoid prejudice to the accused's defense.
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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