R.K. Ragala & Ors  INSC 716 (21 November 1995)
O R D
to file S.L.P. Is granted.
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.
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
appeal is disposed of with the above observations.