l\.I Naoeswara Rao v. Deoartment. Secretariat, Hyderabad

Petition under Article 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 of Mandamus or any other appropriate writ' order or No. B-2l0 1 /tr/aj or I Cybl2o22, daled d irection, declaring of police, CYberabad, the 2nd lt/emorandum vide PR by the Commissioner

06.06.2022, issued respondentherein,proposingtoconductDisciplinaryProceedingsagainstthe petitionerherein,paralleltopendingcriminalproceedingsasillegal'arbitrary' WithoUtjurisdictionandcontrarytotheSettledLawandfurtherdirectthe respondentsherein,todefertheDisciplinaryProceedingsagainstthepetitioners herein, till the conclusion of the Criminal Proceedings against the petitioners herein, pending till conclusion of the Criminal Proceeding lA NO: 1 OF 2022 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fileJ in support of the petition, the High court may be pleased to direct the respondents herein, to defer the Disciplinary proceedings against the petitioners herein, tilr the concrusion of the criminat proceedings, by suspending the I\4emorandum vide pR No. B-2l01/Majoricybr2o22, dated 06.06.2022, issued by the commissioner of porice, cyberabad, the 2nd respondent herein, pending disposal of the abc,ve writ petition lA NO: .l OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit firecr in support of the petition, the High court may be preased to extend the interirr orders dt. oB.o9.zo22 passed in w. p No.35151 of 2o22 pendtng disposal of the main case in the interest of justice IANO: 2OF2 022 Between:

1. The State cf Telangana, represented by its principal Secretary, Home ^ Department. rjecretariat. Hydeiabad. 2. The Commissioner of polici-,, Cyberabad City, Hyderabad Citv. 3. The Add itio na r com m issioner oi porice, cn('H.lJciiJ,i"iJ,tybe ra oao AND ...PET|T|ONERS/RESPONDENTS l\rl.Nageswara Rao. S/o/ M.Seetharamulu, Aged about 30 years, police co nstabre l 2''z5'1, Resident of Aman gar, preientiy woir<-ing'uir,.,l.lilp"r,. pJii"" station. Cyberabd. Hyderabad_500063. . RESPONDENT/PETITIONER Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to Vacate the interim orders dated 08/09/2 022 and extended on 23rogr2o22 in l.A.No. 1 ot 2O22 in W.p.No 35151 of 2022 Counsel for the Petitioner: SRl. ANAND NAIDU MAfvItDI Counsel for the Respondents: AGp FOR SERVICES (HOME) The Court made the following: ORDER .i.,: {" "f I THE HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PE TI N No.3 15 OF 2022 oRDER: Heard Sri Anand Naidu Mamidi, learned counsel the Petitioner and the learned appearing on behalf of Assistant Government Pleader for services(Home) appearing on behalf of the respondents' 2 The titi ner a hed th Co rt eek n f as und er: to issue a writ of Mandamus or any other appropriate writ, order or direction, declaring Memorandum PR No.B-2l01 lV,alor/Cybl2O22, dated 06'06'2022' by the Commissioner of police, Cyberabad' the 2.i issued respondent herein, proposing to conduct Disciplinary Proceedings against the petitioner herein' parallel to pending criminal proceedings as illegal' arbitrary' without jurisdiction and contrary to the settled Law and further directtherespondentsherein,todefertheDisciplinary Proceedings against the petitioners herein' till the conclusion of the Criminal Proceedings against the petitioners herein, pending till conclusion of the Criminal Proceeding and Pass..." E--B PE RUS ED THE ECO RD:- 2 w.p.no.3srsr of 2l#i

3. Tha sC o rt,v] de its order dated 08.O 9.20 22, oassed !nter rm orders tn favour of th EDetiti ner a nd he samels extra ctedhe reu n der: "Notice before admission. Learned Governr respondents seeks rwo -l:t,,;:;:::J;::::::. ror the Learned counser for the petitioner submits that in the same set of facts, a criminal case has been registered against the petitioner, but charge sheet is yet to be tired. that on the same set ot facts, have bcen initiated agarnst the charge memo and the petitioner dings till ver, the directed It is su bm itted disciplinary proceedings pelitioner by issuing a submiLted expla nation seeking suspensio the conclusion of the criminal proceed respondents have appointed an enquiry him to (:omptete the enquiry within a months and submit his findings It is submi discipltnary proceedings allowed to go on. the have to civulge hjs defence which would pre in the C-iminal Court. Therefore, he seek enquiry proceedrngs. two(2) tted that if the petitio n er may judice his case s stay of the n of procee ings. Howe officer and period of in view of the above, this court is inclined to grant interim stay of the proceedings pursuant to the notice dated 79-07-2022 for a period of two weeks. post on 22_Og.2022.. , sN.J W.P.No.35151 of 2022 DISCUS ION AND CONCLUSION:-

4. Learned counsel appearing on behalf of the petitioner brings to the notice of this Court that the criminal proceedings initiated against the petitioner had been concluded in acquittal, and hence, no further orders are necessary in the present writ petition.

5. Bringing the said submission of the learned counsel appearing on behalf of the petitioner on record, the writ petition is closed since cause in the present writ petition does not survive for adjudication anymore. However, there shall be no order as to costs. Miscellaneous petitions, if any, pendlng in this Writ Petition, shall stand closed. SD/-M.NAGAMANI ISTANT REGISTRAR S //TRUE COPY// SECTION OFFICER To,

1. One CC to SRl. ANAND NAIDU tVAMlDl, Advocate tOPUgl. 2. i;; cc.L-cp ion Houe,High courtforthe state ofrelangana at 3. Two CD CoPies Hyderabad [OUT] B M/BSK , i I I I : ! HIGH COURT DATED:1\tlgt\O2i I CC TODAY ORDER WP.No.35151 ot 2022 tlt1o( ll14 )- * 1s sfl 2$25 -:.' 1:?: ! va +. CLOSING THE WRIT PETITION WITHOUTCOSTS 0