Ratnadeep Dutta Roy v. The Union of India and 3 Ors

ORDER Date : 14-03-2024

(Vijay Bishnoi, CJ)

This writ petition is filed by the petitioner challenging the judgment and order dated 12-04-2019 passed by the Central Administrative Tribunal (CAT), Guwahati Bench whereby the OA filed on behalf of the petitioner has been dismissed.

¶2Essentially the petitioner has approached the CAT, Guwahati Bench being aggrieved by the action of the respondent on denying promotion to him on the next promotional post on the ground of registration of an FIR against him.

¶3The learned counsel for the respondent has informed that in the said FIR the petitioner was put to trial and the competent criminal court has convicted and sentenced the petitioner vide order dated 20-07-2019. It is further submitted that pursuant to the said conviction order, the petitioner had compulsorily retired from service on 18-12-2019 and the said order of compulsory retirement of the petitioner has not been challenged by him till date. Page No.# 3/3

¶4Taking note of the consideration the fact that the petitioner has already been compulsorily retired and the said order has not been challenged by the petitioner, we are of the view that this writ petition challenging the validity of the impugned order passed by the CAT, Guwahati Bench is infructuous as much as no relief can be granted to the writ petitioner at this stage. Hence, this writ petition is dismissed as infructuous.

JUDGE CHIEF JUSTICE GS Comparing Assistant

PageoNo.#o1/3 GAHC010102592019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6500/2019o RATNADEEPoDUTTAoROYo SONoOFoMRINALoKANTIoDUTTAoROY,oPRESENTLYoRESIDINGoAToB-402,o GOKULoDHAMoAPARTMENT,oANANDAoNAGAR,oPANDUoPORToROAD,oP.S.-o JALUKBARI,oDIST-oKAMRUP(M),oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo3oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoRAILWAYS,oNEWoDELHI-o110001. 2:THEoGENERALoMANAGER oNFoRAILWAY oMALIGAON oGUWAHATI-o781011 oDSIT.-oKAMRUP(M) oASSAM. 3:THEoFINANCIALoADVISERoANDoCHIEFoACCOUNTSoOFFICER oN.F.oRAILWAY oMALIGAON oGUWAHATI oPIN-o781011 oKAMRUP(METRO) oASSAM. 4:THEoDEPUTYoCHIEFoACCOUNTSoOFFICER oN.F.oRAILWAY oMALIGAON oGUWAHATI oPIN-o781011 oKAMRUP(METRO) Page No.# 2/3 ASSAM Advocate for the Petitioner : MR. A CHAMUAH Advocate for the Respondent : SC, NF RLY BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM