Court dismissed the review application held to be a futile exercise as the disciplinary enquiry concluded with an order awarding punishment, extinguishing the cause of action for the original writ petition assailing the charge sheet.
None; review application dismissed.
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Court No. - 5 Case :- CIVIL MISC REVIEW APPLICATION No. - 49 of 2022
Applicant :- Munib Ram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Pratap Singh Counsel for Opposite Party :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and learned counsel for the respondents.
By means of the writ petition, the petitioner has assailed the charge sheet dated 15.7.2019 issued by the General Manager (Finance & Accounts)/Enquiry Officer, Lucknow, U.P. Seed Development Corporation, Lucknow whereby, this Court vide judgement dated 08.12.2021 dismissed the writ petition on the ground of territorial jurisdiction.
In this case. now the review application has been filed on the ground that the petitioner is receiving pension at Banaras and, therefore, his writ petition before this Court is maintainable.
In counter affidavit filed by the respondent nos. 2 to 4 to the review application it has been averred that the disciplinary enquiry has been concluded and an order dated 09th March, 2022 has been passed by the Managing Director awarding punishment to the petitioner for recovery of Rs.39,45,544/which is enclosed as Annexure no. 1 to the counter affidavit.
The fact that the disciplinary enquiry has been concluded, therefore, this Court finds that no cause of action survives in the writ petition as by means of this petition, the petitioner has prayed for quashing the charge sheet.
In view of fact that even if, the review application is allowed that would be futile exercise inasmuch as no cause of action survives in the writ petition.
Accordingly, review application is dismissed .
It is open to the petitioner to challenge the order dated 9th March, 2022 passed by the Managing Director U.P. Beej Vikas Nigam, Mahanagar, Lucknow as per law.
Order Date :- 15.9.2022 Vikram
Digitally signed by VIKRAM SINGH Date: 2022.09.24 15:38:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a review application is maintainable when the disciplinary enquiry has concluded and punishment awarded, rendering the original writ petition's cause of action non-surviving.
Munib Ram
State Of U.P.
Saral Srivastava
Vikram Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
