IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19273 of 2008 Between: K.Krishna Murthy S/o.Suryanarayana Battalion, APSP,Kodapur, Ranga Reddy District ..... PETITIONER AND 1 The Deputy Inspector General of Police, A.P.S.P. Battalions,Shourya Bhavan, Jubilee Hills, Hyderabad 2 The Commiandant, VIIIthe Battalion, A.P.S.P., Kondapur, Ranga Reddy District 3 The Assistant Commandant,cum Enquiry Officer, VIIIth Battalion, A.P.S.P.,Kondapur,R.R.District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus directing the respondents herein not to proceed with the departmental enquiry initiated by the 2nd respondent in charge Memo bearing P.R.No.A3/8/I/2008 dated 18.6.2008 holding the same to be wholly illegal, and without jurisdiction and consequently set aside the same and further the order of the 2nd respondent in rejecting to stall the departmental enquiry in Memo bearing P.R.No.A3/8/I/2008 dated 14.8.2008 as illegal, and set aside the same and pass Counsel for the Petitioner:MR.K.ANANTHA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.19273 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking a direction to oﬃcial respondents not to hold the departmental enquiry initiated against the petitioner pursuant to the charge memo dated 18-06-2008. 2. The petitioner is alleged to have had scuﬄe with the complainant – T.Prabhakar and had taken the cell phone of the complainant. A criminal case was registered against him under Section 382 of Indian Penal Code. He was arrested and subsequently released on bail and as he was in the judicial custody for more than 48 hours, he had been placed under suspension. The main grievance of the petitioner is that the Tribunal has not passed any interim order staying the departmental enquiry pending disposal of the O.A., as the incident had occurred beyond the oﬃce hours. It is thus clear that the Tribunal has not rendered a ﬁnal decision on merits, after adjudication of the issues involved in the O.A. When the Tribunal is seized of the matter and in the absence of any judgment in the O.A. itself, we are not inclined to entertain this writ petition. However, the Tribunal is directed to examine the issues and dispose of O.A., on merits and in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt of this order. 3. Subject to above, the writ petition is dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 05-09-2008 Bsc