- Court
- Supreme Court of India
- Decided
- 6 November 1995
- Bench
- K. Ramaswamy, B. N. Kirpal
- Result
- Appeal disposed of.
Headnote
Se1vice Law :
Depa1tmental proceedings-Show cause notice lo delinquent-High 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 of the High Court quashing the show cause notice issued to respondent No.1.
Disposing of the appeal, this Court 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 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.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Permission lo file S.L.P. is granted.
Leave granted.· 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 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.
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.
The appeal is disposed of with the above observations.
Case details
Arising from
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.
Appearances
Dr. M.P. Raju and M.K.D. Namboodiri, for the Appellant.
'
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.