Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This writ petition has been filed against an order dated 11.2.1992 (Annexure 4 to the writ petition) by which the petitioner who was earlier suspended has been dismissed from service. Petitioner who was working on the post of Gram Panchayat Adhikari was suspended on certain charges. It appears that charge sheet and other relevant documents were sent to the petitioner but he has not participated in the proceeding therefore, the order impugned dismissing the petitioner from service has been passed. Petitioner filed a writ petition before this Court and obtained an interim order on 5.5.1992 by which the order impugned was stayed and petitioner was deemed to be continued in service and entitled to all benefits relating thereto. Learned counsel for the petitioner submits that the petitioner after suspension was attached to an office and he was attending the same therefore, there was no occasion to sent the relevant papers to the address of the petitioner and petitioner was not afforded an opportunity before the order of dismissal.
In spite of time granted to the respondents learned Standing Counsel, no counter affidavit has been filed as such there is no occasion before this Court except to dispose of the writ petition.
Admittedly, the petitioner has already retired on 30.4.2008 and he has completed the tenure by virtue of the interim order passed by this Court. Now a question remains regarding payment of retiral benefits.
As the petitioner has already retired from service and from the perusal of the order impugned, it appears that order has been passed without affording opportunity to the petitioner. In such circumstances, this Court has stayed the said order.
In view of the above, this writ petition is being disposed of finally that as the petitioner has already been retired therefore, there is no need to pass any order on merits.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 29.1.2010 Pk