ORDER :

1. In these three Writ Petitions, common question of law arises for consideration and, therefore, they are disposed of by this common order.

2. Petitioners in W.P. Nos. 21012 and 21014 of 2019 are working as Inspectors of Police and petitioner in W.P. No. 21148 of 2019 is working as Deputy Superintendent of Police. Crime No. 93 of 2019 was registered in Jubilee Hills Police Station for the offences under Sections 419, 342, 346, 348, 384, 302, 210 and 202 read with Section 34 of Indian Penal Code. Originally, this crime was registered in Nandigama Police Station of Krishna district and later on jurisdictional point, said case was transferred to State of Telangana. The sum and substance of the issue in the said crime is accused No. 1, by name K. Rakesh Reddy illegally confined and murdered one NRI businessman, by name Dr. C. Jayaram. Though, petitioners were not shown in the First Information Report, during the course of investigation they are also added. After completion of investigation, charge sheet is filed in the Court of XVII Additional Chief Metropolitan Magistrate, Hyderabad. Petitioners are accused Nos. 11, 10 and 12 respectively.

3. Due to their involvement in criminal case and pending departmental proceedings, all the three officers were placed under suspension. On 28.05.2019 charge memos were drawn against the petitioners in W.P. Nos. 21012 and 21148 of 2019 and on 29.05.2019, against petitioner in W.P. No. 21014 of 2019. On service of charge memos, petitioners filed their explanations. Not satisfied with the explanations offered by petitioners, departmental enquiry was ordered into the charges leveled against them by appointing Deputy Inspector General of Police, Nizamabad Range as Enquiry Officer. Enquiry Officer held sitting on 13.08.2019. All the petitioners attended the enquiry and submitted their representations to the Enquiry Officer requesting to defer enquiry as crime is registered against them, charge sheet is filed and the case is pending trial before the Court of XVII Additional Chief Metropolitan Magistrate, Hyderabad. By referring to the instructions issued by the Director General of Police, in Memorandum dated 07.08.1995 the request of petitioners to defer the departmental proceedings was rejected and petitioners were directed to attend the enquiry. At this stage, these writ petitions are filed challenging the charge memos issued to them. The primary challenge against charge memos is on the ground that on the very same issue criminal proceedings are pending and trial is yet to commence.

4. Heard learned counsel Sri. M.V. Pratap Reddy for petitioners in W.P. Nos. 21014 and 21148 of 2019 and Sri. D. Bala Kishan Rao learned counsel for petitioner in W.P. No. 21012 of 2019 and learned Government Pleader for respondents in all cases.

5. According to learned counsel for petitioners, as charges framed in the departmental proceedings are directly arising out of the Crime No. 93 of 2019 registered in Jubilee Hills Police Station on the allegation that K. Rakesh Reddy illegally confined and murdered Dr. C. Jayaram and in the said crime petitioners are also implicated and charge sheet is filed and, therefore, at this stage, if departmental proceedings are conducted, grave prejudice would be caused to them in defending themselves in criminal case as they will be forced to disclose their defence in the departmental proceedings. According to the learned counsel, nature of the charge in the departmental proceedings is similar to that of the allegations made in criminal proceedings and, therefore, disciplinary authority ought to have deferred conducting of departmental proceedings till conclusion of trial in the criminal case. Not accepting the request of petitioners and proceeding to hold departmental proceedings amounts to arbitrary exercise of power.

6. In support of their contentions, learned counsel placed reliance on the decision of Hon’ble Supreme Court in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. and