O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue an appropriate writ or direction more particularly one in the nature of Writ of Mandamus to declare the entire action of the respondents, particularly the entire action of 3^rd respondent in not considering the case of the petitioner for promotion to the post of Sub- Inspector of Police, which is a Non-Gazetted and Non Selection post, while considering number of his juniors on the sole ground of pendency of Cr.No.115 of 2010 and Cr.No.426 of 2010 at P.S. RGIA Shamshabad, in the absence of any charge sheet in the said criminal case and in the absence of charge memo in the disciplinary case as highly illegal, arbitrary, unjust, improper, colorable exercise of power contrary to G.O.Ms.No.66, General Administration (Services.C) Department, dt.30.01.1991 and various judicial pronouncements in the subject matter and consequently to direct the respondents to consider the case of the petitioner for promotion to the post of Sub-inspector of Police in the existing vacancies without reference to the pendency of criminal cases in Cr.No.115 of 2010 and crime No. 426/2010 on the file of the PS RGIA, Shamshabad as per his seniority in terms of G.O.Ms.No.66, General Administration (Services. C) Department, dt.30.01.1991 with all consequential benefits and pass…”

2. Heard Mr.Kata Arvind Kumar, learned counsel appearing for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner fairly submits that, as the petitioner has since retired from service, the cause of action in the present petition no longer survives for adjudication. However, he prays that liberty may be granted to the petitioner to avail himself of such other appropriate remedies as may be available under law. Accordingly, he seeks dismissal of the petition.

4. Recording the submissions made by the learned counsel for the petitioner, and as the cause does not survive, this Writ Petition is dismissed as infructuous, with liberty to the petitioner as prayed for.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J

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