Allowed

Ram Kumar Shukla v. C/M Rashtriya Inter College, Ranapur , Barabanki Thru. Its Manager Sunil Kumar and Others

Allahabad HC17 May 2024SPLA/113/2024

Case brief

AI extract

What is this about?

Special appeal against a Single Judge's stay of the order in which the District Inspector of Schools refused approval of the appellant's suspension. The appellant had retired on 31.03.2024, rendering the writ petition infructuous. The Division Bench allowed the appeal, set aside the stay and dismissed the writ petition as infructuous.

What did the court decide?

Appeal allowed; Single Judge's stay order dated 25.04.2024 set aside; Writ-A No. 2592 of 2024 dismissed as infructuous.

Ram Kumar Shukla vs C/M Rashtriya Inter College… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38718-DB

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Chief Justice's Court

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Case :- SPECIAL APPEAL No. - 113 of 2024

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Appellant :- Ram Kumar Shukla Respondent :- C/M Rashtriya Inter College, Ranapur , Barabanki Thru. Its Manager Sunil Kumar And Others Counsel for Appellant :- Pawan Kumar Pandey, Sharad Pathak Counsel for Respondent :- Mahendra Bahadur Singh, C.S.C., V.P. Nag (S.C.), Raj Kumar Singh

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J.

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This appeal is directed against order dated 25.04.2024, passed by learned Single Judge in Writ-A No. 2592 of 2024, whereby effect and operation of the order dated 03.02.2024 has been stayed.

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By order dated 18.12.2023, the appellant was placed under suspension and the order was placed before the District Inspector of Schools, Barabanki (hereinafter referred to as 'DIOS') for approval. By order dated 03.02.2024, the approval was refused against which the respondent-Committee approached this Court by filing the writ petition.

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In the order dated 03.02.2024, the DIOS, inter alia , noticed that a Committee for examining the allegations against the appellant has been formed by order dated 02.02.2024 and apparently, on account of the said observations made in the said order, submissions were made before the Court that the DIOS had no jurisdiction to constitute a Committee for inquiring into the matter, based on which the order dated 03.02.2024 was stayed by learned Single Judge.

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Learned counsel for the appellant made submissions that after filing of the petition, the appellant has retired on

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31.03.2024 and therefore, the stay order dated 03.02.2024 was of no consequence. In fact, the writ petition itself was rendered infructuous.

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Learned counsel appearing for the respondent attempted to make submissions that as by the order impugned dated 03.02.2024, the Committee was constituted to look into the allegations against the appellant, irrespective of the superannuation of the appellant, the cause against the constitution of the said Committee survived.

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After going through the order dated 03.02.2024, it is apparent that a reference thought regarding the constitution of the Committee has been made, however, apparently, the committee was constituted by order dated 02.02.2024 and not by order dated 03.02.2024 and therefore, the challenge, which was sought to be maintained qua the constitution of the Committee despite superannuation of the petitioner, has nothing to do with the said writ petition inasmuch as the order dated 02.02.2024 was not challenged in the writ petition.

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So far as the challenge laid in the petition is concerned, by order dated 18.12.2023, the appellant was placed under suspension and this order was not approved by the DIOS by his order dated 03.02.2024 and admittedly, the appellant has retired on 31.03.2024 and therefore, the cause, if any, of the respondent has been rendered infructuous qua the order dated 03.02.2024. In that view of the matter, the order passed by learned Single Judge staying the effect and operation of order dated 03.02.2024, apparently, was passed in an infructuous writ petition.

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Consequently, the appeal is allowed. The order dated 25.04.2024 is set aside. The Writ - A No. 2592 of 2024 is

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dismissed as having become infructuous.

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A copy of this order be placed in the said Writ-A No. 2592 of 2024.

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The respondents would be free to question the validity of order dated 02.02.2024, in accordance with law.

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Order Date :- 22.5.2024 Mukesh Pal/P.Sri.

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(Jaspreet Singh, J) (Arun Bhansali, CJ)

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Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad, Lucknow Bench

Ram Kumar Shukla v. C/M Rashtriya Inter College, Ranapur , Barabanki Thru. Its Manager Sunil Kumar and Others

Case brief

What is this about?

What did the court decide?

Ram Kumar Shukla v. C/M Rashtriya Inter College, Ranapur , Barabanki Thru. Its Manager Sunil Kumar and Others

Case brief

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What did the court decide?

What the court decided

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