WRIT PETITION 9905 of 2005 on 17 August 2004

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

&

HON’BLE SRI JUSTICE B.KRISHNA MOHAN

WRIT PETITION No.9905 OF 2005

ORDER: (Per Hon’ble Sri Justice C.Praveen Kumar)

The present writ petition came to be filed under Article 226 of Constitution of India, seeking issuance of a writ of mandamus declaring the part of the order dated 17-08-2004 in O.A.No.1314 of 2001 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad wherein “liberty was reserved to the competent authority to pass appropriate orders considering the case of the applicant from the stage of submission of the enquiry report” as illegal and arbitrary.

Sri P.B.Vijaya Kumar, learned counsel for the petitioner, submits that he has no objection for hearing of the matter by this Bench, as there lies nothing for adjudication.

As seen from the record, the present writ petition came to be filed seeking issuance of a writ of mandamus declaring the above mentioned part of the order dated 17.08.2004 in O.A.No.1314 of 2001 on the file of the Central Administrative Tribunal, as illegal and arbitrary.

As seen from the record, the argument of the learned counsel for the petitioner before the Tribunal was that 4[th]respondent is not the competent authority to pass the impugned order therein. Agreeing with the arguments advanced by the petitioner, the Tribunal held that it is only the 2[nd] respondent which has to pass the order and not the 4[th] respondent. Accordingly, the Tribunal allowed the O.A. setting aside the impugned orders. However, liberty was given to the Competent Authority to pass appropriate orders considering the case of the petitioner from the stage of the submission of the Enquiry Report. As stated earlier, challenging that part of the order, present writ petition is filed. Subsequent to filing of the writ petition, the 2[nd]respondent considered the matter and passed the order, dated 01.12.2005, which is also placed on record.

Therefore, nothing survives for adjudication in the present Writ Petition and the same has become infructuous.

In view of the above, Writ Petition is dismissed as infructuous. No order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

__________________________

C.PRAVEEN KUMAR, J

__________________________

B.KRISHNA MOHAN, J

sdp

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR &

HON’BLE SRI JUSTICE B.KRISHNA MOHAN

WRIT PETITION No.9905 OF 2005

Date.23.06.2020