Full Judgment Text
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PETITIONER:
SAKTI THROUGH ITS DIRECTOR,RAMPACHODAVAIAM, E.G. DISTT., A.P
Vs.
RESPONDENT:
R.K. RAGALA & ORS.
DATE OF JUDGMENT21/11/1995
BENCH:
K. RAMASWAMY, K.S. PARIPOORNAN
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Permission to file S.L.P. Is granted.
Leave granted.
Since the first respondent now stands retired from
service, no useful purpose will be served to continue the
proceedings pursuant to the show cause notice which was
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 vs. Additional Commissioner [(1994)
6 SCC 241] and Director of Tribal Welfare, Government of
A.P. vs. Laveti Giri & Anr. [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.