HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO. 21505 OF 2004 DATED: 8.2.2008 Between: Mohammed Nazir Ahmed Baba … Petitioner and Visakhapatnam Port Trust, represented by its Chairman & Disciplinary Authority … Respondent HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO. 21505 OF 2004 ORAL ORDER: The petitioner had retired as an Assistant Materials Manager in the Visakhapatnam Port Trust, on superannuation on 31.5.2004. By proceedings dated 25.8.2004, the respondent-Port Trust issued a charge-sheet alleging serious misconduct. The gravamen of the charge is also the subject matter of a criminal prosecution before the court of Special Judge, CBI Cases, Visakhapatnam in C.C.No.3 of 2002. By another order dated 6.11.2004, the respondent-Port Trust appointed an inquiry officer to inquire into the charges of misconduct against the petitioner. Assailing both these orders, the writ petition is filed principally alleging that initiation and pursuit of simultaneous proceedings against the petitioner departmentally as well as in C.C.No.3 of 2002, is arbitrary. This court granted an interim stay on 25.11.2004. In an application i.e., W.P.M.P. No.2928 of 2008, seeking vacation of the interim order, the respondent-Port Trust pleads that the Special Judge for CBI Cases, Visakhapatnam pronounced judgment on 23.8.2006 in C.C.No.3 of 2002, whereunder a sentence of Simple Imprisonment for One year and a fine of Rs.2,000/- was imposed on the petitioner for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short ‘the Act’) and a sentence of S.I. for One Year and a fine of Rs.1,000/- for the offence under Sections 13 (1) (d) (ii) r/w Section 13 (2) of the Act. It is also pleaded that the petitioner was allowed to retire from service on superannuation by an office order dated 31.5.2004, pending finalization of the criminal proceedings. In the light of the above development brought out in the affidavit of the respondent, to which there is no denial by the writ petitioner, the cause in the writ petition does not survive. Writ Petition is accordingly dismissed. There shall be no order as to costs. ------------------------------- GODA RAGHURAM, J Date: 8.2.2008 cvm