Court No. - 58
Case :- WRIT - A No. - 14688 of 2013 Petitioner :- Ghanshyam Prasad Respondent :- State Of U.P.Thru Special Secretary And Ors. Counsel for Petitioner :- H.K.Srivastava,Ashok Khare,Brij Raj Singh Counsel for Respondent :- C.S.C.,Balwant Singh,Niyaz Ahmad Khan Connected with Case :- WRIT - A No. - 23763 of 2013 Petitioner :- Ghanshyam Prasad Respondent :- State Of U.P.And 4 Ors.
Counsel for Petitioner :- H.K.Srivastava,Ashok Khare,Brij Raj Singh,S.K. Shukla,S.K. Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
These two petitions filed by the same petitioner are being disposed off by this common order.
The first Writ-A No.14688 of 2013 is directed against an order dated 04.03.2013 passed by the Director, Social Welfare, U.P., Lucknow, whereby petitioner has been placed under suspension. The writ petition was entertained and an interim protection has been granted to the petitioner on 28.03.2013. Thereafter a subsequent order has been passed by the Director on 16.04.2013 requiring the petitioner to join in a different office. Both these orders are assailed in these two petitions.
Supplementary affidavit has been filed stating that the disciplinary proceedings have already been concluded with passing of an order of punishment against the petitioner on 11.09.2015. An appeal is also stated to be filed against this order, which is pending before the State Government. The petitioner has otherwise attained the age of superannuation.
In view of the subsequent developments which have intervened, inasmuch as the disciplinary proceedings already stands concluded and the petitioner has superannuated, the challenge laid to the suspension order as well as the order of placement has lost its efficacy.
Writ petitions, accordingly, are disposed of with the observation that the petitioner's claim for release of retiral benefits as also the withheld salary etc. would be dealt with by the competent authority in terms of the order dated 11.09.2015 passed by Director Social Welfare, U.P., Lucknow unless it is interfered with in pending appeal. The required action would be taken within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 28.2.2019 Radhika