K TUKARAM Vs. SUPERINTENDENT OF POST OFFICE

JUDGEMENT

(1.) THIS writ petition is filed seeking a writ of certiorari to quash the order dated 9. 4. 2008 passed in O. A. No. 197 of 2008 by the andhra Pradesh Administrative Tribunal and to direct the respondents not to proceed with the departmental enquiry till disposal of the criminal case pending against the petitioner.

(2.) THE petitioner was appointed as station Post Master, Varni, S. O. While he was working, based on a report given by the Assistant Superintendent Post Office, nizamabad, North Sub-Division, Nizamabad, he was suspended from service on 20. 1. 2007 on the ground of certain irregularities. A case in Crime No. 227 of 2006 of varni Police Station, Nizamabad District, was also registered against him for the offences under Sections 409, 468 and 420 ipc on 31. 12. 2006. Thereafter, the first respondent issued a memo dated 18. 10. 2007 along with the statement of articles of charge to the petitioner. He made a representation dated 1. 12. 2007 to the first respondent seeking to keep the departmental inquiry in abeyance till conclusion of the criminal case, but no orders have been passed thereon. Hence, he filed O. A. No. 197 of 2008 and the same was dismissed on 9. 4. 2008 at the admission stage. Challenging the same, he filed the present writ petition.

(3.) LEARNED Counsel for the petitioner contended that when the departmental proceedings and the criminal proceedings are identical, it is desirable to stay the departmental proceedings. He relied upon the judgment of the Apex Court in Indian overseas Bank, Annasalai v. P. Ganesan, (2008) 1 SCC 650. He further contended that if the departmental proceedings are not stayed, the petitioner would suffer irreparable loss.