Jeeva Nand Chauhan vs State Of H.P. And Anr

Satyen Vaidya, J

By way of instant petition, petitioner has prayed for following substantive relief(s):-

“That writ in the nature of certiorari may kindly be issued, quashing and setting aside the impugned order dated 28.02.2023 (Annexure P-5)”.

Order dated 28.02.2023 (Annexure P-5) in respect of which relief has been sought in the instant petition relates to the suspension of petitioner on contemplation of disciplinary proceedings against him by the competent authority.

During the pendency of the instant petition, petitioner has been granted pre-mature retirement under Rule 4 of Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022, vide notification dated 11.08.2023. Thereafter on

01.2024, the following order was passed by this Court:-

“Vide Annexure P-5, i.e., order dated 28.02.2023, the present petitioner was placed under suspension and an inquiry was contemplated. Thereafter, vide order dated 18.04.2023, an inquiry under Rule 16 of the CCS (CCA) Rules, 1965, is alleged to have been initiated against the present petitioner.

Subsequent to the aforesaid, the suspension was revoked vide order dated 24.06.2023. Vide order dated 28.06.2023, this Court had directed the respondents to consider the case of the petitioner for grant of voluntary retirement.

In pursuance to the aforesaid, vide notification dated 11.08.2023, the present petitioner was granted premature retirement under Rule 4 of the Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022.

In the facts and attending circumstances of the case, one of the grievances raised in the present petition is that till date no retirement emoluments have been granted to the present petitioner. In this context, learned counsel for the petitioner has drawn attention of this Court to the relevant provisions of CCS (CCA) Pension Rules, 1965, wherein, specific attention has been drawn to provisions wherein, in the cases where departmental inquiries were initiated prior to retirement and are being conducted post retirement, some provisional pension has to be granted in favour of the petitioner.

Faced with the aforesaid situation, learned Advocate General submits that pensionary emoluments and other due and admissible salary would be paid to the petitioner within one week from today.

List in the 1st week of March, 2024.”

Again, on 04.03.2024, the order to the following effect was passed:-

“Instructions dated 7th February, 2024, have been placed on record, according to which, the respondents have already taken steps to allow and grant the benefits available to the petitioner, as a consequence of his retirement as per Rule-4 of the Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022.

Confronted with this, learned counsel for the petitioner seeks time to have instructions.

List on 11.03.2024.”

Thus, it is clear that the petitioner has not assailed the notification vide which he has been premature retired on 202011.08.2023 and has accepted the benefits under such notification. It was only on account of the adequacy of the monetary benefits disbursed to the petitioner that the matter was adjourned time and again as petitioner had sought time to place on record instructions.

Today, instead of placing instructions on record, learned counsel for the petitioner has again tried to assail the suspension order in respect of which the relief has been sought in the present petition.

In my considered view, on account of subsequent developments, the relief, as prayed, in the petition, does not survive and the petition has been rendered infructuous.

The petition, is accordingly, disposed of, so also the pending miscellaneous application(s), if any.