Court No. - 34
Case :- WRIT - A No. - 48141 of 2003 Petitioner :- Mukesh Saxena Respondent :- Anu Secretary Medical Anubahg-2 U.P. Govt. Lkw. & Ors.
Counsel for Petitioner :- Shailendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
“i) to issue a writ, order or direction in the nature of certiorari calling for the record of the case and quashing the impugned order dated 27.9.2003 (Annexure-1 to the writ petition) passed by the Director (Administration) U.P. Medical Health Service, Lucknow/ respondent no. 9 with suitable direction to Chief Medical Officer Bareilly to initiate a disciplinary proceedings against the respondent no. 4 Smt. Usha Gupta.
ii) to issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 3/Chief Medical Officer Bareilly not to interfere in the peaceful functioning and working of the petitioner on the post, on which he has been transferred by virtue of order dated 31.5.2003 on the post of Drug Clerk in the office of Chief Medical Officer Bareilly.”
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the 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 petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 20.12.2018 PS