In WP.CT 85 of 2022, a two-judge bench held that since the Government servant respondent died during the pendency of the petition, the disciplinary cause abated, rendering the writ petition infructuous.
Writ petition dismissed as infructuous; no order as to costs.
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19 15.12. 2022
Ct. No. 04
Ab
WP.CT 85 of 2022
Union of India and others Vs. Dilip Kumar Saha. ---------------
Mr. Ashok Chakraborty, Ld. ASG, Mr. Anirban Mitra. … for the petitioners. Mr. P. C. Das, Mr. S. K. Ganguli. … for the respondent.
Mr. Anirban Mitra, learned Advocate appearing for the petitioners, submits that he has received an instruction from his clients that some of the petitioners in the tribunal application have expired during pendency of the instant writ petition.
Mr. P.C. Das, learned Advocate, who had instruction to appear on behalf of the respondent herein, submits that his client has expired on 1st December 2022.
Since the dispute pertains to an institution of disciplinary proceeding and the moment the Government servant (retired) expired, the cause has diminished and, therefore, the instant writ petition becomes infructuous.
Accordingly, the writ petition is dismissed as ‘infructuous’.
There shall, however, be no order as to costs.
(Harish Tandon, J.)
(Prasenjit Biswas, J.)
2
1 issue framed by the court
Whether the writ petition becomes infructuous due to the death of the respondents during pendency.
Union of India
Dilip Kumar Saha
Harish Tandon
Prasenjit Biswas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
