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Judgment
By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)
Shri Lakhan Singh Kushwaha, learned counsel for the applicant and Shri Rajni Kant Rai, learned counsel for the respondents are present.
By means of this OA, the applicant has sought the following reliefs :
“(i)This Hon'ble Tribunal may graciously be pleased to quash the impugned suspension order dated 08.06.2023.
(ii)This Hon'ble Court may graciously be pleased to direct the respondent No.3 to inquire the matter freely by independent investigation agency, so that justice could be served to the applicant.
(iii)Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.
(iv)Award the costs of the original application in favour of the applicant.”
The brief facts of the case is that disciplinary proceeding under Rule 14 of CCS (CCA) Rules, 1965 was initiated against the applicant and vide order dated 08.06.2023 (Annexure-A-3) the applicant was suspended and an order was also passed for payment of subsistence allowance and the applicant was attached to the Headquarter, Saharanpur. Being aggrieved with the suspension order, the applicant has filed the present OA.
Learned counsel for the applicant referring to the order dated 04.09.2023 (Annexure-CA-7) argued that suspension order passed on 08.06.2023 against the applicant has been revoked vide order dated 04.09.2023 (Annexure-CA-7), thus, the present OA has become infructuous.
Learned counsel for the respondents also stated the same fact referring to order dated 04.09.2023 (Annexure-CA-7) and argued that since the suspension order has been revoked, the present OA has become infructuous.
I have considered the rival submission and have gone through the record carefully.
Having regard to the facts and circumstances of the case, hearing the parties, going to the entire document annexed with the OA as well as counter affidavit, particularly the document referred hereinabove when the suspension order dated 08.06.2023 has been revoked, no fruitful purpose will be served to keep this OA pending. Thus, the OA is dismissed as having become infructuous. No costs.
All associated MAs also stand disposed of.
