Supreme Court of India

SAKTI THROUGH ITS DIRECTOR, RAMPACHODAVARAM, EAST GODA VARI DISTT., ANDHRA PRADESHversusR.K. RAGALA AND ORS.

Citation: 1995 INSC 695
Decided: 6 November 1995
Disposal: Disposed off
Bench: K RAMASWAMYB N KIRPAL

Holding

Since the employee had retired, there was no useful purpose in continuing the departmental proceedings, and the High Court’s quashing of the show‑cause notice was upheld.

Summary

Sakti, through its director, issued a show‑cause notice to employee R.K. Ragala. Before the notice could be acted upon, Ragala retired from service. The Andhra Pradesh High Court quashed the notice, although it interfered at the notice stage. The appellant filed a special leave appeal before the Supreme Court. The Court held that while the High Court was not justified in intervening at the notice stage, the employee’s retirement made continuation of the departmental proceedings purposeless, so the quashing was upheld. The Court added that any claim by the respondent’s children to Scheduled‑Tribe status would be decided by the appropriate authorities. The appeal was disposed of with these observations.

Issues considered

Whether a departmental show‑cause notice can be continued against a retired employee
Whether the High Court was justified in quashing the notice at the notice stage
Effect of retirement on the continuance of service‑law proceedings
Whether the children of the retired employee can claim Scheduled‑Tribe status

Subjects

service lawshow cause noticeretirementdepartmental proceedingsscheduled tribesappellate jurisdictionhigh court interference

Judgment

_,      SAKTI THROUGH ITS DIRECTOR, RAMPACHODAVARAM,                               A
             EAST GODA VARI DISTT., ANDHRA PRADESH
                                v.
                     R.K. RAGALA AND ORS.

                                NOVEMBER 6, 1995
                                                                                   B
                    [K. RAMASWAMY AND B.N. K.IRPAL, JJ.]


             Se1vice Law :

           Depa1tmental proceedings-Show cause notice lo delinquent-High           C
     Court quashing show cause notice-Meanwhile employee superan-
     nuated-Held, though High Cowt not justified in inteifering at notice stage,
     since employee has superannuated no useful pwpose would be seived to
     continue the proceedings.

           The appellant filed the appeal by special leave against the judgment    D
     of the High Court quashing the show cause notice issued to respondent
     No.1.

             Disposing of the appeal, this Court
                                                                                   E
           HELD : Though the High Court was not justified in interfering at
     the notice stage, since the respondent has retired from service, no useful
     purpose would be served to continue the proceedings pursuant to the show
     cause notice which was quashed by the High Conrt. However, if the
     children of the respondent lay any Claim on the basis that they are
     Scheduled Tribes, the appropriate authorities would decide their claim in     F
     accordance with law. (796-C-D]

           K.wnuri Madhwi Patil v.Additional Commissioner, (1994] 6 SCC 241
     and Director of T1ibal Welfare Govemmem of A.P. v. Laveti Giri &Am:, JT
     (1995) 3 SC 684, relied on.
                                                                                   G
             CIVIL APPELLATE .JURISDICTION : Civil Appeal No. 10754 of
     1995.

          From the Judgment and Order dated 31.1.94 of the Andhra Pradesh
     High Court in W.A. No. 917 of 1992.                                  H
                                      795
•
    796                   ,SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.

A          Dr. M.P. Raju and M.K.D. Namboodiri, for the Appellant.
                  '
           The following Order of the Court was delivered :

           Permission lo file S.L.P. is granted.

           Leave granted.·
B
          Since the first r c>nondent now stands retired from service, no useful
    purpose will be served ~o continue the proceedings pursuant lo the show
    cause notice which w;,s quashed by the High Court. No doubt the High
    Court was not justified in exercising its power to nip the action in the bud
C   at the notice stage itself. As regards the law, recently this Court has
    considered the controversy and laid the law in Kumari Madhuri Patil v.
    Additional Commissioner, [1994] 6 SCC 241 and Director of Tribal Welfare,
    Government of A.P. v. Laveti Gi1i & Alli'., JT (1995) 3 SC 684. The ratio of
    the High Court decision is no longer good law.

D         Under these circumstances, we think that no useful purpose will be
    served to continue the proceedings. However, if the children of the first
    respondent lay any claim on the basis that they are Scheduled Tribes, it
    would be open to the appropriate authorities to take appropriate decision
    or action as is warranted under law.
E          The appeal is disposed of with the above observations.                      '
    R.P.                                                   Appeal disposed of.




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