A writ petitioner challenged his suspension and sought salary payment. The state counsel submitted that the suspension was already revoked, rendering the application infructuous and the writ dismissed.
The writ application stands dismissed as being infructuous because the petitioner's suspension had already been revoked.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1985 of 2019
======================================================
Dr. Shilwant Singh Late Ram Bujhawan Singh Resident of Sharda Nagar, Ward No.1, Chak Thal, Police Station Rosra, District Samastipur and after suspension residing at C/o Late Professor Ram Bujhawan Singh, Bajaja Gali, Bakarganj, Police Station Pirbahore, District- Patna
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Sinha For the Respondent/s : Mr.Chitranjan Sinha ( Paag2) ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 09-06-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading “For
Orders” under the orders of Hon’ble the Chief Justice.
Heard the parties.
Following relief(s) have been sought for by the
petitioner in the present writ application:
“1(i) For issuance of a writ in the nature of certiorari quashing the Notification dated 30-08-2006 issued under the signature of Respondent No. 4 the Deputy Secregtary, whereby and
Patna High Court CWJC No.1985 of 2019(3) dt.09-06-2020 2/2
whereunder the petitioner has been put under suspension with retrospective effect 27-06-2006.
(ii) For issuance of a writ in the nature of mandamus and/or any other appropriate writ or order directing and commanding the respondents to calculate and make payment of full salary to the petitioner from the date the petitioner has been put under suspension”.
It has been submitted on behalf of the counsel for the State that a counter affidavit has been filed on 28-02-2019 on behalf of the State. It has further been submitted that the suspension of the petitioner has already been revoked. Hence the present writ application has become infructuous.
Considering the aforesaid facts and circumstances, no further order is required to be passed in the present writ application.
Accordingly, The present writ application stands dismissed as being infructuous.
(Sudhir Singh, J)
A.K.V.//-
U
3 issues framed by the court
Whether the present writ application requiring quashing of suspension and payment of salary remains maintainable now that the suspension has been revoked.
Whether the writ application stands dismissed as being infructuous following the revocation of the petitioner's suspension.
Whether any further orders are required given the stated facts regarding the change in status of the petitioner.
Dr. Shilwant Singh
The State of Bihar
The Principal Secretary, Health and Family Welfare Department, Government of Bihar
The Regional Deputy Director, Health Services, Bihar
The Deputy Secretary, Health and Family Welfare Department, Government of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
