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Allahabad High Court

ANIL KUMARversusSTATE OF U.P. AND OTHERS

Decided

Holding

The petition was dismissed as infructuous because the suspension order was stayed and the disciplinary proceedings were already concluded.

Summary

The petitioner, Anil Kumar, filed a writ petition challenging a suspension order dated 29 July 2010. The respondent State filed a counter‑affidavit stating that the disciplinary proceedings had concluded on 19 November 2010, exonerating the petitioner on two charges and finding indiscipline on only one charge. The court observed that the suspension order had already been stayed and the disciplinary process was completed, rendering the petition moot. Consequently, the court held that the petition had become infructuous due to the passage of time. The petition was therefore dismissed as infructuous.

Issues considered

  • Whether a writ petition challenging a suspension order can be entertained after the suspension has been stayed and the disciplinary proceedings concluded

Subjects

  • suspension
  • disciplinary proceedings
  • writ petition
  • infructuous
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - A No. - 47814 of 2010

                                    Anil Kumar
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State of U.P. and Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Jeet Bahadur, Sri. Ashok Khare
                                    Counsel for Respondent(s)          :   C. S. C., C.S.C.

                                    Court No. - 34
                                                     HON'BLE ANISH KUMAR GUPTA, J.

                                    1. List revised. None appears for the petitioner. Sri Vijai Lal, learned
                                    Standing Counsel for the State is present.

                                    2. The instant petition was filed being aggrieved by the suspension
                                    order dated 29.7.2010. By filing the counter affidavit, it was informed
                                    that the disciplinary proceedings were already concluded on 19.11.2010
                                    and out of three charges, in two charges, petitioner was exonerated and
                                    for charge no.3, he was only found indiscipline in performance of his
                                    duties.

                                    3. In such view of the matter, since the suspension order was already
                                    stayed and the disciplinary proceedings has already been concluded, the
                                    instant petition has become infructuous by passage of time.

                                    4. Accordingly, the instant petition is dismissed as infructuous.



                                                                                     (Anish Kumar Gupta,J.)
                                    May 5, 2026
                                    n.u.




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad


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