Petitioner challenged compulsory retirement and appellate orders in parallel proceedings. Court held subject matter rendered infructuous and closed writ petition.
Writ petition closed as the subject matter has been rendered infructuous.
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GAHC010029172024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C)/465/2023
PHANIDHAR PATIRI SON OF LATE JAPAK PATIRI
PERMANENT RESIDENT OF VILL- ALIGURI
P.O.- SUBHANSHIRIMUKH P.S.- GOHAPUR IN THE DISTRICT OF SONITPUR ASSAM INDIA AND PRESENTLY RESIDING AT HOUSE NO. 12
BISHNU NGAR SANTIRAM KRO PATHA 01 NO. MADGHARIA PATHARQUARY P.S.- NOONMATI IN THE DISTRICT OF KAMRUP (M)
GUWAHATI- 71 ASSAM INDIA.
VERSUS
THE UNION OF INDIA AND 5 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF RAILWAY NEW DELHI
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INDIA.
2:THE NORTH EAST FRONTIER RAILWAY REPRESENTED BY THE GENERAL MANAGER RAILWAY HEAD QUARTER N.R. RAILWAY MALIGAON GUWAHATI-11 ASSAM. 3:THE CHIEF SECURITY COMMISSIONER RAILWAY PROTECTION FORCE N.F. RAILWAY GUWAHATI-11 ASSAM.
4:THE SR. DIVISIONAL SECURITY COMMISSIONER RAILWAY PROTECTION FORCE N.F. RAILWAY LUMDING DISTRICT-HOJAI ASSAM. 5:THE DIVISIONAL SECURITY COMMISSIONER CUM THE DISCIPLINARY AUTHORITY RAILWAY PROTECTION FORCE N.F. RAILWAY LUMDING DIST.- HOJAI ASSAM. 6:THE ASSISTANT SECURITY COMMISSIONER CUM ENQUIRY OFFICER RAILWAY PROTECTION FORCE N.F. RAILWAY LUMDING DIST.- HOJAI ASSAM. -----------Advocate for : MR. J I BORBHUIYA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
12.08.2024.
Heard Shri JI Borbhuiya, learned counsel for the petitioner. Also heard Shri KK Parasar, learned Central Government Counsel (CGC).
Shri Borbhuiya, learned counsel for the petitioner has submitted that the cause of action was parallel proceeding vis-a-vis a criminal case and the departmental proceeding. He, however, submits that during the pendency of this writ petition, the departmental proceeding has culminated in an order of compulsory retirement on 05.10.2023 which has also been affirmed by the Appellate Authority vide order dated 19.01.2024. It is submitted that both the foresaid orders are the subject matters of challenge in another writ petition, being WP(C)/907/2024.
In view of the aforesaid development, this Court is of the opinion that the subject matter of this case has been rendered infructuous.
The writ petition is accordingly closed as infructuous.
JUDGE
Comparing Assistant
PHANIDHAR PATIRI
THE UNION OF INDIA
SANJAY KUMAR MEDHI
As recorded by the court registry
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