Case Summary: Union of India & Ors. v. Narender Singh (Civil Appeal No. 1813 of 2003, Supreme Court of India, decided on 29-07-2005) (!) (!)

The respondent, a government employee posted in the vigilance cell at Indira Gandhi International Airport, faced departmental proceedings for allegedly accepting illegal gratification on 27/28 February 1996 to clear two Afghan nationals through Customs without duty payment. He was dismissed on 07 August 1997, with his appeal rejected on 20 November 1997. (!)

The Central Administrative Tribunal (Principal Bench, New Delhi) set aside the dismissal and appellate orders on 21 November 2000, directing immediate reinstatement. (!)

The appellants filed a writ petition under Article 226 challenging the Tribunal's order on merits, but the Delhi High Court dismissed it on 05 December 2001 as infructuous, noting the respondent's reinstatement pursuant to the Tribunal's directions. (!) [1000270000008] (!)

The appellants contended that implementation of the reinstatement did not render the writ petition infructuous. The respondent argued the Tribunal's order was correct on merits and the petition had indeed become infructuous post-reinstatement. [1000270000002][1000270000003]

The Supreme Court held the High Court's order indefensible, ruling that a writ petition challenging a Tribunal's order on merits does not become infructuous merely by giving effect to that order, as implementation does not wipe out the challenge to its validity. "Infructuous" means ineffective, unproductive, or unfruitful. [1000270000004][1000270000005]

The appeal was allowed, the High Court's order set aside, and the matter remitted for fresh disposal on merits, without expressing any opinion thereon. No order as to costs. [1000270000006][1000270000007] (!)