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2021 DIGILAW 725 (UTT)

State Of Uttarakhand v. Birendra Singh Rawat

2021-12-20

NARAYAN SINGH DHANIK, RAGHVENDRA SINGH CHAUHAN

body2021
JUDGMENT Raghvendra Singh Chauhan, CJ. - The State has filed the present appeal against the order, dated 02.09.2020, passed by a learned Single Judge, in Writ Petition (S/S) No.961 of 2020, whereby the learned Single Judge has passed the following order:- "In view of the above facts and circumstances of the case, this Court is of the view that the respondents authorities shall conclude the enquiry, if any, pending against the petitioner as well as decide the application of the petitioner dated 13.08.2020 as expeditiously as possible preferably within a period of three months from today. Till decision on the petitioner's application, the impugned transfer order dated 26.08.2020 shall be kept in abeyance and petitioner shall not be permitted to discharge his duties and will be permitted to continue on leaves admissible to him". 2. Mr. Vinay Kumar, the learned counsel for the respondent-writ petitioner, submits that, in fact, the said order has already been implemented; the petitioner has already been transferred; and, the petitioner has already joined his new place of posting. 3. It is rather surprising that the State has filed the present appeal against the innocuous order, and that too, after a delay of one year and three months. 4. Since the order dated 02.09.2020, passed by the learned Single Judge, has already been implemented, the present appeal has become infructuous. 5. Therefore, the appeal is, hereby, dismissed as infructuous.