Patna High CourtCWJC/4623/2017dismissed

The Chief Secretary, Government Of Bihar And ORS v. Md. Mansoor Ahmad And ORS

2017-05-04Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4623 of 2017 ===========================================================

1. The Chief Secretary, Government of Bihar, Patna

2. The Joint Secretary, Government of Bihar, Department of Home, Bihar, Patna

3. The Dy. Secretary, Government of Bihar, Patna

4. The Principal Secretary to the Government, Government of Bihar, Home Department, Bihar, Patna .... .... Petitioners

Versus

1. Md. Mansoor Ahmad, S/o Late S.M. Yahiya, resident of Mohalla - Sangam Colony, Digha, P.O. & P.S. Digha Ghat, District - Patna

2. The Union of India, through the Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi

3. The Under Secretary to the Government of India, Ministry of Home Affairs, Grih Mantralaya, North Block, New Delhi .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. P.K. Verma, Sr. Advocate Mr. Ujjwal Kumar Singh, Advocate For the Respondent/s : Ms. Nivedita Nirvikar, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 04-05-2017 Heard learned Additional Advocate General representing the State of Bihar and learned counsel representing the Union of India.

The challenge to the impugned order dated 22.11.2016, passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 686/2016 now remains academic in view of the fact that the private respondent has superannuated and he cannot be continued under suspension any more because he is a free bird now.

Patna High Court CWJC No.4623 of 2017 dt.04-05-2017 2/2 The reason provided by the Tribunal, therefore, interfering with the second extension of continuance of the suspension order by the State of Bihar is now part of record and history. No adjudication is required to be made on an academic issue now. Writ is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.05.2017 Transmission Date NA