Simultaneous departmental proceedings and criminal trials are permissible as they serve different purposes (misconduct vs. culpability) and operate under different standards of proof, provided no actual prejudice to the employee's defense is established.

Date of reserved for Judgment :08.12.2025

Date of Pronouncement :03.03.2026

Date of uploading :03.03.2026

APHC010496072025

Writ Appeal under clause 15 of the Letters Patent to set-aside the Order of Learned Single Judge passed in W.P. No. 15380 of 2025 by allowing the present Writ Appeal.

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 pleased to stay the departmental proceedings initiated against the Petitioner vide Enquiry Notice dated 18/06/2025 vide Ref. No. Estt. Section / Atmakur Branch / 2025-26 in Charge Memo Ref. No. Estt / Memo’s & Charge Memo’s file / 2024-25, dated 31/12/2024 and pass

The Court made the following:

JUDGMENT:

(Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:

1. Challenge in this writ appeal is against the order dated 04.09.2025 passed in W.P.No.15380 of 2025 by a learned Judge of this Court. The writ petitioner is the appellant before this Court.

2. For the sake of convenience, the parties will be hereinafter referred to as the petitioner and the respondents with reference to their status in the writ petition.

3. The Writ Petition was filed invoking Article 226 of the Constitution of India with a prayer to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing the proceedings vide Estt. Section/Atmakuru Branch/2025-26, dated 19.06.2025, rejecting the request of the petitioner to stay the departmental enquiry initiated against him vide Charge Memo bearing Ref. No.Estt /Memo’s & Charge Memo’s file / 2024-25, dated 31.12.2024. during the pendency of Criminal Case vide FIR No.220 of 2024 on the file of Atmakur Police Station, Nandyal District and also directing the petitioner to attend the oral enquiry vide Enquiry Notice dated 18.06.2025 vide Ref.No.Estt. Section/Atmakur Branch / 2025-26 and proceeding with the departmental enquiry, as illegal, arbitrary and violation of principles of natural justice, etc.

4. The learned Single Judge, after considering the contention of the petitioner and after referring to the legal position that there is no bar for simultaneous holding of criminal trial and disciplinary proceedings in terms of the precedential guidance covered by M. Paul Anthony vs. Bharat Gold Mines Ltd. ,¹(1999) 3 SCC 679 and State of Rajasthan vs. B.K. Meena²(1996) 6 SCC 417, dismissed the writ petition. Questioning the same, the present appeal is filed.

Case of the petitioner:

5.

(i). The petitioner was appointed as Staff Assistant on 02.05.2016 in respondent No.1 institution, after completion of training, he was posted as Staff Assistant at Velgodu Branch and worked there for a period of six years. Thereafter, he transferred to Atmakur Branch in the respondent No.1 institution i.e. the Kurnool District Cooperative Central Bank Limited, in the year 2022 and was promoted as Assistant Manager. There are no adverse remarks against him.

(ii). While things stood thus, a preliminary enquiry was initiated against him by respondent No.2 / Chief Executive Officer, Kurnool District Cooperative Central Bank Ltd., vide proceedings No.Estt./ Memos &Charge Memo’s file / 2024-25, dated 30.09.2024, alleging certain irregularities pertaining to deficit in cash balance in the Atmakur Branch. Smt.C. Sowjanya De