IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12583 OF 2000 Between: N. Harikrishna Babu ..... Petitioner AND 1. The Divisional Security Commissioner, Railway Protection Force, South Central Railway, Secunderabad Division, Secunderabad & another ..... Respondents The Court made the following: HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12583 OF 2000 ORDER: Questioning the action of the respondents in initiating disciplinary proceedings, during the pendency of criminal proceedings, the present Writ Petition is filed. Sri J.M. Naidu, learned counsel for the petitioner, would fairly state that the Writ Petition came to be filed as conducting a disciplinary enquiry simultaneously with a criminal trial would result in the petitioner being forced to reveal his defence. Learned counsel would submit that, in the light of the interim stay granted by this Court, the disciplinary enquiry was put on hold and the criminal proceedings had culminated in the petitioner being acquitted. Learned counsel would submit that the acquittal in the criminal case is certainly a matter which the disciplinary authority/enquiry officer is bound to take into consideration during the course of the enquiry proceedings. The allegations levelled against the petitioner herein are serious in nature. Since the criminal proceedings have now ended, the question of the petitioner’s defence being revealed, if a disciplinary enquiry was simultaneously held, does not arise. While several other contentions are raised in the Writ Petition, Sri J.M. Naidu, learned counsel for the petitioner, would restrict his submission only to the question of the enquiry officer/disciplinary authority being required to take into consideration the petitioner’s acquittal in the Criminal Case also. I consider it appropriate, in such circumstances, to dispose of the Writ Petition permitting the respondents to proceed with the departmental enquiry. Both the enquiry officer and the disciplinary authority shall, along with the other material on record, also take into consideration the order of acquittal passed by the competent criminal court in deciding the guilt or otherwise of the petitioner regarding the allegations levelled against him in the charge sheet. The Writ Petition is disposed of accordingly. No costs. ______________________________ RAMESH RANGANATHAN, J Date: 23rd September, 2010. KL HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12583 OF 2000 23rd September, 2010. KL