Created by Fuzzy Cloud

Allahabad High Court

RAM DHARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition was dismissed as infructuous because the petitioner’s exoneration and retirement rendered the relief sought moot.

Summary

The petitioner, Ram Dhari, filed a writ petition challenging an order dated 16 November 2019 that suspended him pending disciplinary proceedings. The standing counsel informed the court that the disciplinary proceedings had concluded, the petitioner was exonerated, and he subsequently retired with all dues paid. The court noted that, given the passage of time and the petitioner’s retirement, the relief sought was no longer applicable. Consequently, the petition was deemed infructuous. The court dismissed the petition on the ground that it had become moot.

Issues considered

  • Whether a writ petition challenging a suspension order remains maintainable after the petitioner has been exonerated in disciplinary proceedings and has retired from service

Subjects

  • suspension
  • disciplinary proceedings
  • writ petition
  • infructuous
  • retirement
  • service law

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - A No. - 922 of 2020

                                    Ram Dhari
                                                                                              .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)      : Chandra Mohan Singh, Hari Om,
                                                                     Onkar Nath Vishwakarma, Pradeep
                                                                     Kumar (Senior Adv.), Praveen Kumar,
                                                                     Syed Wajid Ali
                                    Counsel for Respondent(s)      : C.S.C.

                                    Court No. - 34

                                    (SN.18)

                                                       HON'BLE ANISH KUMAR GUPTA, J.

                                    1. List revised. There is an illness slip on behalf of Sri Chandra Mohan
                                    Singh, learned counsel for the petitioner.

                                    2. By way of the instant petition, the petitioner has challenged the order
                                    dated 16.11.2019, whereby the petitioner was suspended, pending
                                    disciplinary proceedings against him.

                                    3. Learned Standing Counsel on instructions submits that the disciplinary
                                    proceedings were already concluded and the petitioner was exonerated in
                                    the disciplinary proceedings and thereafter he has retired from services
                                    and all retiral dues were paid to the petitioner.

                                    4. In such view of the matter, due to passage of time and the aforesaid
                                    development as noted hereinabove, the instant petition has become
                                    infructuous.

                                    5. Accordingly, the same is dismissed as infructuous.



                                                                                      (Anish Kumar Gupta,J.)
                                    May 7, 2026
                                    Shubham Arya




Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.