SUBBA REDDY SATTI
K. Syam Kumar, S/o. Thammayya – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department – Respondent
ORDER :
(Subba Reddy Satti, J.) :
This writ petition is filed seeking the following relief:
2. The averments in the writ affidavit, in brief, are that while the petitioner was working as HC1580 in Kotapadu Police Station, Anakapalli District, a report was lodged on 03.01.2023, by one S. Paidiraju HC-1002, Writer in the said police station, to the Sub- Inspector of Police, K. Kotapadu Police Station, alleging that an unknown person entered into case p
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Departmental proceedings should be stayed if they are based on the same facts as a pending criminal trial to avoid prejudice to the accused.
The standard of proof in criminal cases and departmental proceedings is different, and departmental proceedings cannot wait for the disposal of the criminal case if the allegations are different.
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,....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
The distinction between the nature of inquiry and investigation in departmental proceedings and criminal case, and the different standards of proof required in each.
In the disciplinary proceedings, the rule of the preponderance of probabilities is applied whereas, in the criminal proceeding, the principle of strict standard of proof beyond a reasonable doubt is ....
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....
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