LexDraft · Judgments

Sakti Through Its Director, Rampachodavaram, East Goda Vari DISTT., Andhra Pradesh v. R.K. Ragala and Ors.

Supreme Court of India · 1995 INSC 695 · 1995

Coram: K. RAMASWAMY, B.N. KIRPAL

Source: sci_open_data

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 C 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. D 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. R.P. Appeal disposed of. '