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ABDUL QUDDHOSE
A. Devaraj – Appellant
Versus
Secretary to Government – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of G.O(1D)No.489 Revenue and Disastrous Management Department, Land Survey and Land Tax Scheme Unit L.S-3(1) Section, dated 31.10.2017 by the first respondent, quash the same.
When this Writ Petition is taken up for hearing, it is represented by the learned Counsel for the petitioner that subsequent to the filing of this writ petition, in the disciplinary proceedings initiated against the ninth respondent, enquiry was conducted and in the enquiry, it was found that ninth respondent is not guilty of the charge framed against him and therefore, nothing survives for further adjudication in this writ petition.
2. The petitioner has challenged the order allowing the ninth respondent from retiring from service. Since in the enquiry proceedings the ninth respondent has been found not guilty of the charge framed against him, nothing survives for further adjudication in this writ petition.
3. Recording the aforementioned facts, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
A writ petition challenging an administrative order becomes moot when the underlying disciplinary proceedings result in a finding of not guilty.
The court has the discretion to dispose of a writ petition as infructuous based on the submissions made by the petitioner's counsel.
A writ petition under Article 226 becomes infructuous when the relief sought is no longer relevant or necessary.
Disciplinary actions must adhere to principles of proportionality and due process, ensuring fair treatment of employees in similar circumstances.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
A writ petition becomes infructuous when the relief sought is no longer relevant or actionable.
A petitioner has the right to withdraw a writ petition under Article 226 of the Constitution, leading to its dismissal without costs.
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