IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.414 of 1995 SUDHIR KUMAR LALL DASS, S/O LATE CHANDRA NARAIN LALL DASS, R/O VILLAGE – GONOUN, P.S. – GHANSHYAMPUR, DISTRICT – DARBHANGA. …. PETITIONER Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF PERSONNEL & TRAINING, GOVT. OF INDIA. 2. THE SECRETARY, PERSONNEL AND TRAINING, GOVT. OF INDIA, NEW DELHI. 3. THE ELECTION COMMISSION OF INDIA, THROUGH THE CHIEF ELECTION COMMISSIONER, NEW DELHI. 4. THE GOVT. OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 5. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, OLD SECRETARIAT, PATNA 6. THE CHIEF ELECTORAL OFFICER, BIHAR, NEAR OLD SECRETARIAT, PATNA. …… RESPONDENTS ----------- 9 29.04.2010 This writ was filed against the order of the Election Commission sent by Fax message dated 29.12.1994 to put the petitioner under suspension. The matter was heard on 6.2.1995 and this Court passed an order: “Any action taken pursuant to the impugned order of the Election Commission, in the meantime, shall be subject to the final decision of this writ application.” Apparently, the powers of the Election Commission were challenged in Civil Appeal No. 4248 of 1994 in the case of Chief Election Commissioner of India Vs Md. Arif Khan & Ors. The matter remained pending because of the said Special Leave Application. In any event the learned counsel for the petitioner submits that the petitioner has now retired and he was never suspended nor had he to face departmental proceeding as a result of the Fax message of the Election Commission. This application has become infructuous, and is, accordingly dismissed. Praful /- ( Sheema Ali Khan , J. )