The High Court of Telangana dismissed a writ petition seeking declaration of disciplinary proceedings as void and promotion benefits as withdrawn by the petitioner who had retired from service.
The writ petition was dismissed as withdrawn with no order as to costs.
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.
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HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY,THE SECOND DAY OFNOVEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTTCELAXMI NARAYANA ALISHETTY
WRIT PET ITION NO: 39067OF 2017
Between:
K. Kumara Swamy, S/o. Hanumanlu,Aged qboy!5J, years, ..OccWorking.as Uunicipat CommidsionerGrade lll, Sanga Reddy Municipality,Sangareddy, Sangareddy District.
...PETITIONER
AND
...RESP.NDENT'
Petition under Article 226 of lheConstitutionof lndia prayingthat in the circumstances stated in theaffidavit filed therewith, the High Courtmay be pleased to issue writ, order or direction moreparticularlyone in the nature of writ of mandamus declaring theactionof the respondentsin not concludingthe disciplinaryproceedingsvidechargelMemo in G.O.Rt.No.608dated 08.09.2016 (Allegations relates to November 2014) asvoid, illegal,arbitraryand discriminatory and set asidethe same and consequently direct the respondents to consider the case of thepetitioner for promotion to the post of Municipal Commissioner Grade ll onpar with juniors with all consequential benefits
l.A. NO: 1OF 20'17(WPMP.NO:48456 oF 20171
Petition under section 151 cPCpraying that in the circumstances statedin the affidavit filed in supportof the petition, the High court may be pleased to direct the respondents to considerthe case of the petitionerfor promotionto the post of Municipal commissioner Grade llwithout reference to pendencyof
disciplinary proceedings vide charge l\Iemo in G.o.Rt.No.60B dated 08.09.2016 (Allegations relates to November 2014) pending disposal of the above writ petition
Counsel for the Petitioner: SRl. S. JAGADISH
Counsel for the Respondents: Gp FOR MCpL ADMN-URBAN DEV
The Court made the following: ORDER
HON'BLE SRJ JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITIoN NO. 39067 0F 2017
ORDER:
Mr.S. Jagadish, learned counsel for the petitioner represented that the petitioner retired from service and thus cause does not survive in the writ petition. Therefore, seeks
permission to withdraw the writ petition.
There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
SD/- C. PRAVEEN KUMAR ASSISTANT R IS
//TRUE COPY//
SECTI FFICER
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HIGH COURT
DATED:0211112023
ORDER
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WP.No.39067 of 2017
DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
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2 issues framed by the court
Whether the writ petition is maintainable after the petitioner's retirement.
Whether the writ petition may be withdrawn.
2 provisions across 2 enactments
K. Kumara Swamy
The State of Telangana
LAXMI NARAYANA ALISHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
