IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 23428 of 2003 Between: G.S.R.N. Kumar, S/o. Swamy Babu, R/o. Constable No.8939, RPF Post, Vizianagaram. ..... PETITIONER AND 1 The Disciplinary Authority-cum-Senior Security Commissioner, RPF SE Railway, Waltair, Visakhapatnam. 2 R.R.Chekka, Enquiry Officer and IPF DCC (R) COY. O/o. RPF 'H' Coy, Waltair, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declare the action of the 1st Respondent in conducting the departmental proceedings against the Petitioner pursuant to the Charge Sheet dated 16.12.2002 under Section 9(1)(i) of the Railway Protection Force Act 1957 r/w Rule 153 of Railway Protection Force Rules 1987 pending C.C.No.12 of 2003 on the file of the Special Judge for CBI Cases, Visakhapatnam as illegal, arbitrary, malafide, without application of mind, violative of principles of natural justice and set aside the same and Counsel for the Petitioner:MR.K.SRINIVASA RAO Counsel for the Respondent No.: MR.GOURI SHANKAR SANGHI The Court made the following : THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.23428 of 2003 O R D E R: This writ petition is filed by the petitioner seeking to issue a Writ of Mandamus to declare the action of the 1st respondent in conducting the departmental proceedings against him pursuant to the Charge Sheet dated 16.12.2002 under Section 9(1)(i) of the Railway Protection Force Act 1957 r/w Rule 153 of Railway Protection Force Rules 1987 pending CC.No.12 of 2003 on the file of the Special Judge for CBI Cases, Visakhapatnam. The learned Standing Counsel appearing on behalf of the 1st respondent/Railways submits that during the pendency of the writ petition, the Criminal Case in CC.No.12 of 2003 registered against the petitioner ended in conviction of the petitioner. Consequently it also resulted for dismissal of the petitioner from service. Therefore, the cause of action does not survive in the writ petition while making such submission. He also placed before this Court the proceedings issued by the Senior Divisional Security Commissioner RPF/ECO, Valteru dated, 18.7.2007. In view of the same, the writ petition is dismissed. However, liberty is given to the petitioner to avail the appropriate remedy to question the order of removal if so he is advised. ________________ G.CHANDRAIAH,J 18th November, 2008. PNV THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.23428 of 2003 18th November, 2008