Union Of INDIA vs. G.G. Suresh Kumar
Facts
The petitioners, Union of India and its subordinate authorities, filed a writ petition before the High Court of Telangana challenging an order dated April 20, 2018, passed by the Central Administrative Tribunal (CAT), Hyderabad Bench, in O.A.No.679 of 2017. The respondent is G.G. Suresh Kumar, an Superintendent in the Secunderabad GST Commissionerate. The petitioners sought to quash the CAT's order, deeming it arbitrary, illegal, and contrary to law. They also filed an interlocutory application seeking to suspend the operation of the CAT's order pending the disposal of the writ petition. The matter was listed for hearing before the High Court.
Held
The Court held that the writ petition had become infructuous. This decision was based on the submission made by the learned Deputy Solicitor General of India, appearing for the petitioners, who stated that subsequent developments, specifically the initiation of disciplinary proceedings against the respondent, had rendered the subject matter of the writ petition moot. The Court recorded this submission and, consequently, dismissed the writ petition as infructuous. No costs were awarded. The ratio decidendi is that a legal challenge becomes infructuous when the underlying issue has been superseded by subsequent actions or events, such as the commencement of disciplinary proceedings that address the same core concerns.
Key Issues
1. Whether the writ petition has become infructuous due to subsequent developments, specifically the initiation of disciplinary proceedings against the respondent by the petitioners. Contentions: Petitioner (Union of India): The learned Deputy Solicitor General of India submitted that the subject matter of the writ petition has become infructuous in view of subsequent developments, namely, that the petitioners have already initiated disciplinary proceedings against the respondent. No specific statutory provisions, circulars, or precedents were cited in support of this submission. Respondent (G.G. Suresh Kumar): The judgment does not record any specific arguments made by the respondent's counsel.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) WEDNE AY, THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 25827 oF 2018 [ 3387 ] ...PETITIONERS Between:
Union of lndia, Represented by The Chairman, Central Board of lndirect Taxes and Customs, North Block, New Delhi.
The Chief Commissioner, Customs and Central Tax and Central Excise, Hyderabad Zone, GST Bhavan, Basheerbagh, Hyderabad.
The Commissioner of Central Tax and Central Excise, Secunderabad GST Commissionerate, GST Bhavan, Basheerbagh, Hyderabad. AND G.G. Suresh Kumar, S/o. G. Ganga Rao, Aged about 49 years, Occ. Superintendent, Warangal Division, Secunderabad GST, Commissionerate, Hyderabad. ...RESPONDENT Petition under Article 226 of the Constitulion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly in the nature of Writ of Certiorari, calling for the records pertaining to order dated 20-04-2018 of the Hon'ble Central Administrative Trib
The judgment continues below.
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