This court dismissed a writ appeal challenging a single judge's order quashing a suspension. The court held that since the petitioner had attained superannuation while the enquiry was pending, no question remained for adjudication, making the appeal premature and devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Writ Appeal No.1225 of 2019 and
C.M.P.No.8444 of 2019
Superintendent of Police,
Cuddalore District, Cuddalore. .. Appellant/
Respondent
Vs.
G.Uthirapathi .. Respondent/
Petitioner
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 12.12.2018 passed by the learned Single Judge in W.P.No.32823 of 2018 on the file of this Court.
WP.No.32823/2018 : Writ Petition filed Under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondent to consider the petitioners representation dated 02/05/2018 within the trial frame fixed by this Court.
For appellant : Mr.N.Srinivasan, Addl.G.P.
For respondent: Mr.A.Vinoth for Mr.K.Gandhi Kumar
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
This Writ Appeal is filed as against the order dated 12.12.2018 passed by the learned Single Judge in W.P.No.32823 of 2018, whereby the learned Single Judge had directed the appellant to revoke the suspension order, dated 12.01.2018 and consequently pass orders within a period of eight weeks from the date of receipt of a copy of the order.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
cs
To
1. The Superintendent of Police,
Cuddalore District, Cuddalore.
+1cc to Mr.K. GANDHIKUMAR, Advocate, S.R.No.4374
+1cc to the Government Pleader, Highcourt, Madras S.R.No.4050
VG11(CO)
SM/24/02/2021
Writ Appeal No.1225 of 2019
2 issues framed by the court
Whether the direction to revoke suspension survives after the petitioner attained superannuation.
Whether a second hearing is necessary when no facts survive for adjudication.
Colour shows how this judgement treated each authority
Ajay Kumar Choudhary Vs. Union of IndiaReferred¶17
2015 (7) SCC 291 · Who else cites this
Superintendent of Police, Cuddalore District
G. Uthirapathi
R Subbiah
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
