Court No. - 34
Case :- WRIT - A No. - 17047 of 2003 Petitioner :- Constable No. 89243928, Ghanshyam Tripathi Respondent :- Union Of India And Otehrs Counsel for Petitioner :- B.B. Paul Counsel for Respondent :- SC,A. Singh, Kartikey Saran
Hon'ble Sudhir Agarwal,J.
1. This was listed peremptorily today. Order sheet shows earlier on various occasions it was adjourned on the request of counsel for petitioner, i.e., on 08.05.2018, 15.05.2018 and 10.08.2018. Today also adjournment has been sought on account of illness of learned counsel for petitioner. In the circumstances, I decline to adjourn the case.
2. Called in revise. None appeared on behalf of petitioner.
3. By means of the present writ petition, petitioner has sought following reliefs:
“i. to issue a writ, order or direction in the nature of certiorari, calling for record of the case, quashing impugned ex parte order of respondent no. 2 dated 11.9.2001.
ii. to issue a writ, order or direction in the nature of mandamus, commanding the respondents not to enforce the impugned ex parte ordfer of respondent no. 3 dated 11.9.2001 against the petitioner on any ground and in any manner whatsoever.
iiii. To issue ad interim mandamus, commanding the respondents to reinstate the petitioner in service with all consequential benefits and privileges thereof and further decide the representation of the petitioner dated 15.4.2001 (Annexure-2), 21.6.2001 (Annexure-5), 3.9.2001 (Annexure-7), 15.10.2001 (Annexure-8) and 27.1.2002 (Annexure-10) within a time bound programme and by a speaking order.”
4. However, I have gone through the pleadings, grounds as also reliefs sought and find that petitioners are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
5. Moreover, it appears that either the cause of action no more survives or that petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioners is absent.
6. Dismissed. Interim order, if any, stands vacated.
7. Sri Ujjwal Satsangi, Advocate holding brief of Sri Kartikey Saran, Advocate is present for respondents.
Order Date :- 24.8.2018 AK