Telangana High Court

WP/9453/2005 of N.S.RAO, HYDERABAD Vs UNION OF INDIA, MINISTRY OF HOME AFFAIRS, N.DELHI AND 3 ORS on 30 December 2022

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 9453 OF 2005 Between: N S RAO, No.830751974, CT(GD) S/o. Late Krishna Murthy,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

WRIT PETITION NO: 9453 OF 2005

Between:

N S RAO, No.830751974, CT(GD) S/o. Late Krishna Murthy, Aged 45 Years, CentralReserve Police Force, Kesavagiri, Chandrayanagutta, Hyderabad.

...PETITIONER

AND

1. Union of lndia, rep. by its Secretary, Ministry of Home Affairs, C-G.O.Complex , Lodhi Road, New Delhi.Complex , Lodhi Road, New Delhi.

2. lnspector General of Police (Southern Sector), Central Reserve Police Force,Road No.12, Banjara Hills, Hyderabad.Road No.12, Banjara Hills, Hyderabad.

3. Deputy lnspector General of Police, Central Reserve Police Force, GroupCentre, Chandrayanagutta, Hyderabad-5Centre, Chandrayanagutta, Hyderabad-5

4. Additional lnspector General of Police, Group Centre, Central Reserve PoliceForce, Hakimpet, Ranga Reddy.Force, Hakimpet, Ranga Reddy.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ of Mandamus or any other order appropriate Writ or orderor direction in the nature of Writ declaring the order of the 4th Respondent inNo.P.|.3/02-03-PBC-GC daled 12-2-2003 and action of the Respondents inrecovering the amount of Rs.40,4991 from the petitioner's salary as illegal,perverse, irregular, improper, arbitrary and grossly violative of the principles ofnatural [justice ]and to set-aside the same and to consequently direct therespondents to pay back the recovered amount to the I with interest.

Counset for the Petitioner: SRI J.V. PRASADCounsel for the Respondents: SRI [K.V.V. ]VEDANTHA CHARYAThe Gourt made the following: ORDER

THE HON BI,,E SRI .IUSTICE J.SREENIVAS RAO

WRIT PETITION No.9453 of 2OO5

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ORDER:

This writ petition is fi1ed seeking the follorving relief; o to issue a Writ of Mandamus or anA other orderappropiate Wrtt or Order or direction in the ruature ofWrtt declarirtg the order of the 4tn respondent inNo.P.I.3/ O2-03-PBC-GC dated 12-02-2003 and acttonof the respondents in recouertng the amount ofRs.40,499/- from the pettttoner's salary as illegal,peruerse, ircegular, improper, arbitrary and grosslguiolatiue of the principles of natural justice and to setqside the sqme and to corusequentlg direct therespondents to paA back the recouered amount to the Iu-tith interest. "

2. Toda1, t.e., 30.12.2022, when the matter is takenup for hearing Sri K.V.V. Vedantha Charya, learnedcounsel for the respondents submits that during thependency of the u'rit petition the respondents have alreadyrecovered the amount pursuant to the impugned orderdated 12.02.2003; the petitioner retired from the service onattaining the age of superannuation and he is receiving thepension. Hence, the cause in the writ petition does notsurvlve.

3. In view of the said submission, the Writ Petition isclosed.No costs.closed.No costs.

Consequently, miscellaneous petitions pending, ifany, sh a1l stand closed.any, sh a1l stand closed.

SD/.N.CHANDRA SEKHAR RAOASSISTANT REgTSTRAR/ ['t ]l.I {D.--SECTION OFFICER

/iTRUE COPY//

To,'1. One CC to SRI J.V. PRASAD, Advocate [OPUC]2. One CC to SRI K.V.V. VEDANTHA CHARYA, Advocate [OPUC]

3. Two CD Copies

BBSW

\

HIGH COURT

DATED: 3011212022

ORDER1 ,' (._W.P.No.9453 of 2005()0: [rEB ][?s8]z*;//,i.-;r:.CLOSING THE WRIT PETITIONTHE WRIT PETITIONWRIT PETITIONPETITIONWITHOUT COSTSCOSTSw4

CLOSING THE WRIT PETITIONTHE WRIT PETITIONWRIT PETITIONPETITIONWITHOUT COSTSCOSTS

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