Raj Kumar Sharma v. Union Of India And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3440 of 2014 Raj Kumar Sharma S/o Late Sri Ramratan R/o Main Road, Vinoba Nagar, Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. Union Of India Through The Secretary Department of Railways, Rail Bhawan, New Delhi.

2. Divisional Railway Manager, South East Central Railway, Bilaspur, Chhattisgarh

3. Sr. Divisional Commissioner Manager Disciplinary Authority, South East Central Railway, Bilaspur, Chhattisgarh.

4. Additional Railway Manager, South East Central Railway, Bilaspur.

5. Chief Commercial Manager, S.E.C.R/Bilaspur Chhattisgarh. ---- Respondents For Petitioner :

None.

For Respondents :

Shri Abhishek Sinha, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board 29/10/2015 1.

None for the Petitioner. Counsel for the Respondents is present. 2.

Considering that the order for compulsory retirement was passed barely two months before the scheduled superannuation and the punishment does not entail any financial loss, no relief for reinstatement can be granted. The writ application has become infructuous and nothing survives for adjudication. The impugned order further notices that the Petitioner has been compulsorily retired with full pensionary benefits and the controversy survives with regard to pay and pension for remaining two months.

3.

We do not consider the present a fit case for exercising discretionary jurisdiction. The writ petition is dismissed as infructuous. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit