MALLARASET RAMBABU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In these three Writ Petitions, common question of law arises for consideration and, therefore, they are disposed of by this common order.

(2.) Petitioners in W.P.Nos.21012 and 21014 of 2019 are working as Inspectors of Police and petitioner in W.P.No.21148 of 2019 is working as Deputy Superintendent of Police. Crime No.93 of 2019 was registered in Jubilee Hills Police Station for the offences under Sections 419, 342, 346, 348, 384, 302, 210 and 202 read with Section 34 of Indian Penal Code. Originally, this crime was registered in Nandigama Police Station of Krishna district and later on jurisdictional point, said case was transferred to State of Telangana. The sum and substance of the issue in the said crime is accused No.1, by name K.Rakesh Reddy illegally confined and murdered one NRI businessman, by name Dr. C.Jayaram. Though, petitioners were not shown in the First Information Report, during the course of investigation they are also added. After completion of investigation, charge sheet is filed in the Court of XVII Additional Chief Metropolitan Magistrate, Hyderabad. Petitioners are accused Nos. 11, 10 and 12 respectively.

(3.) Due to their involvement in criminal case and pending departmental proceedings, all the three officers were placed under suspension. On 28.05.2019 charge memos were drawn against the petitioners in W.P.Nos.21012 and 21148 of 2019 and on 29.05.2019, against petitioner in W.P.No.21014 of 2019. On service of charge memos, petitioners filed their explanations. Not satisfied with the explanations offered by petitioners, departmental enquiry was ordered into the charges leveled against them by appointing Deputy Inspector General of Police, Nizamabad Range as Enquiry Officer. Enquiry Officer held sitting on 13.08.2019. All the petitioners attended the enquiry and submitted their representations to the Enquiry Officer requesting to defer enquiry as crime is registered against them, charge sheet is filed and the case is pending trial before the Court of XVII Additional Chief Metropolitan Magistrate, Hyderabad. By referring to the instructions issued by the Director General of Police, in Memorandum dated 07.08.1995 the request of petitioners to defer the departmental proceedings was rejected and petitioners were directed to attend the enquiry. At this stage, these writ petitions are filed challenging the charge memos issued to them. The primary challenge against charge memos is on the ground that on the very same issue criminal proceedings are pending and trial is yet to commence.