Bithika Singha v. Union Of India And ORS

Case No :WP(C) 0000500/2014 Party Name : BITHIKA SINGHA Vs UNION OF INDIA & ORS THE HONBLE MR. JUSTICE S.TALAPATRA Heard Mr. K.N. Bhattacharji, learned senior counsel appearing for the petitioner as well as Mr. A. Roy Barman, learned C.G.C. appearing for the respondents. It is apparent that by filing this writ petition, the petitioner has sought for writ setting aside the orders dated 06.08.2014, Annexure-6 to the writ petition, 29.08.2014, 08.09.2014, 20.09.2014, 08.10.2014 and 21.10.2014, Annexure-10 Collectively to the writ petition, issued by the respondent No.2 holding those orders arbitrary, illegal and bad in law and also for quashing the attachment of the petitioner by the order dated 10.12.2014. Further prayer that has been made in this writ petition is for issuance of the writ directing the respondents to dispose of the leave application dated 05.08.2014, Annexure-5 to the writ petition by granting 100 days leave in accordance with circular of the Government of India, Annexure-7 to the writ petition.

Mr. Bhattacharji, learned senior counsel has fairly submitted that after filing of the writ petition, a departmental proceeding was initiated against the petitioner and on completion of that proceeding, period of absence, for regularisation of which this writ petition has been filed, has been declared dies-non under Rule 25 of the Central Civil Services (Leave) Rules, 1971.

On the face of the development above-stated, this writ petition has become infractuous. Accordingly, this writ petition is dismissed as infractuous. However, liberty is reserved to the petitioner to take action at law against the said order passed by the disciplinary authority on culmination of the departmental proceeding. If the petitioner is aggrieved by any order of the competent authority, she may as well approach this Court in future, if she is so advised.

Download Date: 8-05-2017 16:05 1/1