Z. M. Vinod v. Secretariat Buildings, Telanqana. Hyderabad'
Case Details
Petition under Atlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus declaring that the action on the part of the Respondents in ProceedingWiththedepartmenta|ProceedingspursuanttotheMemorandumof charge in proceedings Rc No. R1/166/25lPR-7 nO18 daled 21112019 by rejecting the request of the Petitioner for differing the departmental Proceedings till the conclusion of the criminal Proceedings in crime No. 161 ol 2O18 of Hazipur PS for the offences under section 309 and 510 of IPC as illegal, arbitrary and contrary to law and consequently directing the Respondents not to proceed with the departmental proceedings including the conduct of Oral Enquiry pursuant to the Memorandum of charge in Proceedings Rc.No. R1/166/25lPR-712O18 daled 21112019 lA NO: 1 OF 201 9 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cc urt may be pleased to stay all the further proceedings incruding the conduct of o ar Enquiry pursuant to fi/emorandum of Charge in proceedings Rc.No. R1/1(j )t2.5/pR_7t2}1g dated 21112019 of the l."d Respondent lA NO: 2 OF 2019 Between: Secretarial Buitdlnss, Tet jnqi"J. Hrdli-;6li """ 1 . State of Telanoana,_ rep.by its principal Secretarl Horne Depa(ment, 2. the Inspe(;tor General of police, TSSp, Shourya Bhavar Hyderabad 3 The Comnrandant. 15th Battation. iSSp, 6linrp*"lty, <,,ariniam?lnammam District AND ...PET|TIONERS/RESPONDENTS Z. M. Vinod, S/o. Z.A.V. prasada Rao Aged abo J 4l years. Reserve lnspector(Under Susoension) l Sth Bn. l<. ,".ru.- Xnri"rl", District -Sai'tup'aliy, ...RESPC NDENT/PETITIONER Petition under section 151 cpc praying that in the cr..rumslances stated in the affidavit filed in support oi tJr-e petiti-on,- tne High Cour may be pt"r;;J i; vacate the interinr orders dated 22104/20'19 in r.A ru6 t or:r )19 i; w p. rrro eara of 2O1g lA NO: 1 OF 2021 Between: 1 State of Telanoana - Secretariat Buitdinqs, Tednq6^;. uira.i;E]; """'' z. the tnspector General of police, TSSp, Shourya Bhavar Hyderabad 3 The.Commandant, 15th Battation, iSSF, Slinrprlfy, f< ra,irmim*?inammam _ rep.by its principal Secretary. Home Department, District. AND ...PETTT|ONERS/RESPONDENTS Z. M. Vnod, S/o. Z.A.V_ prasada Rao Aged about 4Z years, Reserve lnspecto(Urder Suspension) 15th Bn, Xt,,.,ma.l, Xn"irir!L District. -saiiupati-y, ...RESpOr\ DENT/pETtTtONER Petition under Section 15'1 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders daled 22104120.19 in l.A No 1 of 2019 in W.P. No 841 4 of 2019 Counsel for the Petitioner: SRl. A.M. QURESHI REP SRI HABEEB ABUBAKAR ALHAMED Counsel forthe Respondents: GP FORSERVICES( HOME ) The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI N,lNDA WRIT PETITION No.8414 OF 2O7t, ORDER: Heard Sri A,M.Qureshi, learned senior designated representing Sri Habeeb Abubakar Alhanred, learned counsel appearing on behalf of the petitioner on record and learned Assistant Government Pleader for Services (Home) appearing on behalf of the responderrts.
2. The oetitionera DDroached the Court seekinq praver as under: "...to issLe a writ, order or direction more in the nature of Writ of Mandamus declaring that the ar:1 ion on the part of the Respondents in Proceeding with the departmental Proceedings pursuant to the Mcmorandum of Charge in Proceedings Rc.No. Rl/166/21;tPR-7/2O1-B dated 2/.1/2019 by rejecting the request of the Petitioner for differing the departmental Proceedir (ls till the conclusion of the Criminal Proceedings in Cr rne No. 161 of 2018 of Hazipur PS for the offenies under ;ection 309 and 510 of IPC as illegal, arbitrary and cont.ary to law and consequently directing the Responderrts not to proceed with the departmental proceedings ircluding the conduct of Oral Enquiry pursuant to the Ment trandum of Charge in Proceedings Rc.No. R1/166/25'PR-7/2OlB daled 2/7/2019 and pass..."
3. It is spr:cific case of the petitioner that thr: action on the part of the Re:;pondents in rejecting the request c)l the petitioner for differinq the departmental Proceedings in pursuance to the ....-... \ 2 ) SN-..1 Memorandum of Charge, dated 02.01.2019 issued to the petitioner till the conclusion of the Criminal proceedings in Crime No. 161 of 2018 oF Hazipur PS for the offences under section 309 and 510 of IPC is illegal. arbitrary and contrary to law. Aggrieved by the said action of the respondent, the present writ petition is filed.
4. PERUSED THE RECORD. A. This court i its order, dated 22.04. 2O19 oassed interim orders in favour of the petitioner in I.A.No.O1 of 2019 in W.P.No.84L4 ol 2OL9 observinq as under:- "There shall be stay of departmental proceedings, as on the same set of allegations, criminal proceedings are pending". DISCUSSION AN D CONCLUSION:-
5. Learned. Assistant Government Pleader for Services(Home) appearing on behalf of the respondents brings proceedings record Rc.No.A5,/RL/994/2OL8-24, HOO.No.:832/2024, dated
18.1L.2O24, of the Additional Director General of police, TGSP, Hyderabad and contends that the disciplinary proceedings initiated against the petitioner had been _) SN, J concluded and final orders had been passed awarding the penalty of withholding of increments for a period of two (O2) years with effect on future incrementr; and pension by treating the suspension period as "Not on duty". 6 Learned Assistant Government Pleader for Services(Home) appearing on behalf of thr: respondents further brings notice of this Court that the petitioner also filed W.P.No.125OO of 2025 aggrieved ag.rinst the said proceed ings Rc.No.A5lRL / 994 / 20La-24 t HOO.No.:832/2024, dated 18.11.2024, of 1:he Additiona! Director General of Police, TGSP, Hyderabad, the said Writ Petition is pending final adjudication on the file of this Court and hence, in view of the fact that the cause of action in the present writ petition does not survive for adjudication any more, the present writ pe,tition may be closed.
7. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made l,y the learned Assistant Government Pleader for Se rvices(Home) appearing on behalf of the respondents. 4 s\..l
8. Takinq into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services(Home) appearing on behalf of the respondents. c) The interim orders of this Court, dated 22.04.2019 passed in favour of the petitioner in I.A.No.O1 of 2019 in W.P.No.8414 of 2O19(referred to and extracted above) d) The contents of the proceedings Rc.No.A5lRL/994/2OLA-24, HOO.No.:832/2024, dated I8.LL.2O24 of .the Additional Director General of Police, TGSP, Hyderabad The fact as borne on record that the disciplinary e) proceedings initiated against the petitioner had been concluded by passing of final orders vide proceedings Rc.No.A5lRL/994/2Ot8-24, HOO'No.832/2024, dated t8.1L.2O24 of the Additional Director General of Police, TGSP, Hyderabad and the petitioner had even filed W.P.No.125OO of 2025, aggrieved agaanst the said final I l ,.j\. , orders and the said Writ petition ts pending final adjudication on the file of this Court. 9 Accordinolv the Dresent Writ ce ca eofa lon r closed tP ition does not the f sen su rvrve for adiudi cation nv more. Ho ev(|r, here shall be no order astoc sts. il ion is Pet Miscellaneous petitions, if any, pendinq in this Writ Petition, shall stand closed. //TRUE COPY// SD/. C.DEEPIKA ISTANT REGISTRAR I tsI \\ SECTION OFFICER qFg IBUqAKAR ALHAMED, Advlcate IOpUCt HOME , High Court for the State ,' i.i" nluir",u t To, 1 2 3 o One CC to SRt. Two CCs to Gp Hyderabad OUTI Two CD Co1;ies ' HAB FOR BM PSK HIGH COURT DATED:2610912025 CC TODAY ORDER WP.No.8414 of 2019 7- 4 .J rL t- $ \,, /i.l * .-; CLOSING THE WRIT PETITION WITHOUTCOSTS L 9e